HomeMy WebLinkAbout07112001HOB~ OF PELICAN iSLAND
CITY COUNCIL
REGULAR MEETING
AGENDA PACKET
WEDNESDAY
JULY 11,2001
7:00 PM
HOME OF PELICAN ISLAND
Meeting may be broadcast live on A T & T Cable Channel 25.
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JULY 1'1,200'1 - 7:00 P.M.
CITY COUNCIL CHAMBERS
'1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the
City Council - limit of ten minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Rev. George Conger, St. Elizabeth's Episcopal Church
4. ROLL CALL
5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONSJ
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
7. CITY ATTORNEY MATTERS
8. CITY MANAGER MATTERS
01.075 A. Approval of Revised Interlocal Agreement between the City of Sebastian and the School
1-8 District of Indian River County for Videotaping Services by Sebastian River High School
Students (City Manager Transmittal 7/2/01, Revised Agreement)
01.167 B. Status of Banner & Kiosk Program - Community Graphic, Inc. (No Backup)
9. CITY CLERK MATTERS
new
new
9-11
13-18
01.170
19-34
01.171
35-64
10.
11.
Introduction of Ms. Jennifer Maxwell, Records Management Specialist and Digital
Imaging Update
CITY COUNCIL MATTERS
B.
C.
D.
Vice Mayor Bishop
Mr. Barczyk
Mr, Hill
Mr. Majcher
1. Request Attendance by Cit~ Representative at County Commission Meetings
(No Backup)
E. Mayor Barnes
CONSENT AGENDA
Afl items on the consent agenda are considered routine end will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of City CounCil so requests; in which event, the item will be removed and acted upon
separately,
A. Approval of 6/27/01 City Council Workshop Meeting Minutes
Approval of 6/27/01 Regular City Council Meeting Minutes
Resolution No. R-01-53 - Vacationi of Easement - Ferraro - Lots 1 & 2, Block 225,
Sebastian Highlands Unit 6 (Growth Management Transmittal 6/29/01, R-01-53, Site Map,
Staff Report, Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIANl INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS
OVER LOTS 1 AND 2, BLOCK 225, SEBAST~IAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
Resolution No. R-01-54 - Vacation of Easement Raymondo/Pearce Lots 10 & 11, Block 12,
Sebastian Highlands Unit 1 (Growth Management Transmittal 6/29/01, R-01-54, Site Map,
Staff Report, Application, Utility Lelters)
A RESOLUTION OF THE CITY OF SEBASTIANI INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS
OVER LOTS 10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH;
PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
2
12.
PUBLIC HEARING
Procedures for public heatings: (R-99-21)
· Mayor Opens Heating
· Attorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input - Limit of Ten Minutes Per Speaker
· Staff Summation
· Mayor Closes Hearing
° Council Action
Anyone Wishing to Speak is Asked to Sign Up before Meeting, When Called go to the Podium and State His or Her Name for the Record
01.132
65-76
01.156
77-82
01.157
83-92
01.172
93-132
13.
Second Reading and Public Hearing for Ordinance No. O-01-13 - Regulation of Watercraft
on City Waterways (City Attorney Transmittal 7/5/01, O-01-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION
54-2-7.8 REGULATION OF WA TERCRAFT AND CHAPTER 110 ARTICLE II WATERCRAFT; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
Second Reading and Public Hearing for Ordinance No. O-01-14 - Collecting Fees from
Communication Service Providers (O-01-14, Florida League of Cities Information)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING
PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR iNTENT; PROVIDING FOR ELECTION NOT TO
REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO T. HE DEPARTMENT OF REVENUE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Second Reading and Public Hearing for Ordinance No. O-01-15 - Recreational Impact Fee
(City Attorney Transmittal 7/3/01, O-01-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER
74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
Second Reading and Second Public Hearing for Ordinance No. O-00-05 - CLUP
Amendment to Industrial (IN) - 14.85 Acres - Gibson Street (Growth Management
Transmittal 7/2/01, 0-00-05, Application for Comprehensive Land Use Change, Location
Map, Staff Report and P & Z Recommendation)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN
AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO
INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85
ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING
FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILI'I-Y; AND PROVIDING FOR EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up
required - limit of ten minutes for each speaker
3
14.
01,173
133-148
15.
01.111
149-150
01,169
151
16.
01.174
153-166
01.083
167
01.175
169-176
01.176
177-186
01.177
187-198
01,178
199-204
01.156
205-208
COMMITTEE REPORTS/RECOMMENDATIONS
A. City of Sebastian Board Review (Synopsis of Boards)
OLD BUSINESS
A. Clocktower Locations (Photos previously submitted)
B. Service Organizations Sign in Riv~rview Park (List of Organizations)
NEW BUSINESS i
A. Authorize International Biohazard Services, Inc. to Clean Residence at 962 Evemia Street
(Police Dept. Transmittal 7/12/01, iBid Quotes, Sanitary Survey by FL Dept. of Health)
B. Approve Sole Source Purchase ol Three Decatur Gemini In-car Video Systems from the
Law Enforcement Supply Co. In the Amount of $11,085.00 (Police Dept. Transmittal 7/3/01 )
C. Approve Golf Course Range Nettirlg Contract to Low Bidder, Asplundh Construction Corp.
in the amount of $78,910.42 (Golf Course Transmittal 6/28/01, Price Quotes/Bids from
Range Netting Vendors, Technical Specifications and Scope of Work of Project)
D. Resolution No. R-01-50 - Repealing Resolution No. R-98-02 - Adoption of LDC Application
Fees (Growth Management Transmittal 6/29/01, R-01-50 with Attached Exhibit A, Fee
Comparisons),'
A RESOLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENTAPPLICATION
FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. I
E. Resolution No. R-01-51 Abandonir~g 20' X 50' Long Alley off Jackson Street (Growth
Management Transmittal 6/29/01, ir-01-51, Location Map, Legal Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING RIGHT-OF-WAY FOR AN ALLEY
OFF JACKSON STREET IN OCEAN 'HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. R-01-52 Abandoning Portion of Indian River Drive Right-of-Way (Growth
Management Transmittal 6/29/01, IR-01-52, Location Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ABANDONING A PORTION OF RIGHT OF WAY
FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-01-55 Adoption Of Telecommunications Tax (City Attorney Transmittal
7/3/01, R-01-55)
01.057
209-212
01,179
213-215
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RELATING TO REQUIRING AND COLLECTING
PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND ESTABLISHING THE LOCAL
COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE
DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Resolution No. R-01-56 Adoption of a Preliminary Stormwater Utility Rate (City Attorney
Transmittal 7/3/01, R-01-56)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER
UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY
APPRAISER; PROVIDING FOR AN EFFECTIVE DATE.
First Reading for Ordinance No. O-01-17 Amending LDC to Ban Operation of Large-Scale
Free-Standing Mulching Machines, Schedule Public Hearing for 8/8/01(City Attorney
Transmittal 7/3/01, O-01-17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO
CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
17.
ADJOURN (Afl meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majodty vote of
City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER
CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION
FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THiS
MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings,
Upcominq Meetinc~s:
Regular Meeting - Wednesday, 7/25/2001. 7 pm
Regular Meeting - Wednesday, 8/8/2001 - 7 pm
Budget Workshop. Wednesday, 8/15/01 - 7 pm
Regular Meeting * Wednesday, 8/22/01 - 7 pm
Regular Meeting and 1'~ Budget Headng - Wednesday, 9/12/01
Regular Meeting and 2'~ Budget Headng - Wednesday, 9/26/01
5
$1 lu SllAN
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Revised Interlocal Agreement for
Videotaping and Live Broadcast of City
Council Meetings
Appro 'd for Su al b : City Manager
Exhibits: Revised Agreement
Agenda No. 01.075
Department Origin: City Manager
Date Submitted: 7/2/01
For Agenda of: 7/11/01
Expenditure Required:
Amount Budgeted:
(Remaining)
Appropriation Required:
SUMMARY STATEMENT
On April 25, 2001, City Council approved an interlocal agreement with the the School District of
Indian River County for videotaping services provided by Sebastian River High School students.
The agreement was sent on to the School Board for approval and they have returned with a
revised interlocal agreement which provides minor text and fee revisions.
Fees of $23 per hour for the instructor and $6 per hour for each student are proposed. We
anticipate three students per meeting.
This arrangement will provide a mutual benefit both to the City of Sebastian and to Sebastian
River High School students. The students' expertise will assist in setting up the cable channel
25 package of live broadcasts, replays and public notices.
RECOMMENDED ACTION
Move to approve the revised intedocal agreement between the City of Sebastian and the
School District of indian River County, Florida for videotaping services by Sebastian River High
School students.
And
SCHOOL DISTRICT OF INIDIAN RIVER COUNTY
TI-IlS INTERLOCAL AGKEF_,MF. NT, by and between CiTY Oi; SEBAST/AN,
INDIAN RIVER COLTNTY, FLORIDA, a Florida municipal corporat/on of thc Sta~ of
Florida, by aud through its City Council, h~mina~r referr~ to as CITY and TlqlE
SCHOOL DISTRICT OF INDIAN RlXrER COUNTY~ FIX)R.IDA, a part of the State of
Florida System of Public t/ducatio'n, bi' and through its School Board. hereinafter referred
to as SCHOOL BOARD, for the purpose of providing ~,ide~taping s~rvice to City of
Sebastian.
W/TNESSED:
WHEKt!iAS, the Florida Inter-loc:al Coolx~ration. Act of 1969 (Chapter 163, i~.S.)
grimm the CITY and SCHOOL BOARD the authority to enter into intei'-looaI a~eement~;
and
~, the SCHOOL BOARD has a progrm~ for teachin$ students the art of
t~le'vision videotaping; and
~AS, th~ CITY ha~ d~tenn/ned tba~ it is in the public inter~t to tolevise
City Council proceedint~s; and
WHE/REAS,/t would be of murua/b~nefit to both parties to have abc SCHOOL
BOAP,.D video[ape City Council proceedings;
W'HBREAS, it is in the public imm-c st to set forth, by way of agreement, each
entkics responsibilities,
NOW, T~OR.E~ in consi~afion of ~e mut~ ~s, con~fions, ~mis~s,
covenants, ~d ~ses h~n~er set fo~h~ ~d pursuant to the statuary authority set
fo~ b~in ~e C~ ~ the SCHOOL BOA~ ~ ~ fol)ows:
A. It shall b~ th~ ms~nsibility of ~ SCHOOL BO~D
1, ~vi~ ~ined ~rso~el to op~ the ~quipment to ~co~lfsh in a
~fession~ m~ner the vid~t~ing of City Council m~¢tings.
2, ~n~i~ ~1 n~o~ss~ ~q~pment ]in w~ng con~on for th~ ~ of the
~meat. M~ rc~onabl~ p~oviaion for ~p~r of ~uipm~t when
n~c~ss~ and f~ible.
3.~ ap~a~ oom~afioa~ Mg~mc~ ~d worker's ~m~n~t.ion
o~ur d~ng vacadon ~
4. ~vi~ tin.riM comp~$ad~ to $,choo] Dis~ct Rep~senlafive at his hour}y
ra~ for d~ ~om~ wMle su~i~g
obfigation of ~is a~nt d~ng ~e pm~ not co~d by the bounds of
his normal teaching day. This shall ncludc--but not be limited to--all vacation
time l~fiods.
Provide a designaw, xi represcntat, ive who shall have the following
~-e~ponatbilities:
a, Provide trained personn~ to Ol~a~e cameras and control equipment to
accomplish the videotaping of m~etings in a professional manner.
'o. If requested by the City, ac~ as custodian of equipment while in use,
· tranait, or storage; and. to take all r, asonable aetiom; to ensure its safety
and $~urity.
c. Be responsible for the safety of its opm-ational personnel and meeting
participimts and attendees i~sofar as that safety is related to the, set-up,
videotaping, and x'e~aoval of equipment at these meetings.
d. Deliver to appropriate liaison(s) the videotape(s) marlmd with meeting and
date iufommtion.
Designate a liaison to work with the CITY liaison.
It ahall be the r~sponsibility of the CiTY to:
1. Pay the SCHOOL BOARD for the videotaping and use of equipment for all
City Council meetiags tha~ are videotaped by the SCHOOL BOARD at a rate
of $:23 p~ hour for the instructor and $6 per hour t~r student of actual
videotaping. This fee will be rounded to the nearest 30 minutes. The rates
will i~ negotiatexl cac. h school y, ar. Payment to be made within 30 days of
receipt of invoice.
2. Provide adequate lighting for videotaping and cable replay as welI as access to
Board's audio system.
3. Arrange for cable replay and to make appropriate payments (if any) for such
replay with the cable companies or their agents.
3. Provi~ adequate tratmport~.tion or the cost of transportation for personnel
needed to accomplish the taping. Designate a liaison to work with. the School
Board'g liaison.
FRDM : IRCSD GRL~ SMITN PHON~ NO. : 5~1+56~+5~51 Jul. 0~ 2001 11:54~M P4
C. General
1. Term and cancellation: This agreement shall commence on July 10, 2001, and
shall b~ continuing in nature tmlOss and until te, rminat, ct by 30 days written
notificatioa by ,,ny pa-'W to thc other
2. Anti-clis~14rnination: The partiez to thi~ agreement will comply with all
appli~blc Federal and State civil fights and anti-discrimination taws and
r~g-lations, including but not Iimit~d to Title 5/I and VII, Civil Rights Act ~{
1964, S~tion 504 of the Rehab~mtion AS of 1973, as ara,haled, (Non-
Discrimination against the Fmn. dicapped and American~ with Disability Act).
It i~ e~:prcssly ;tndm-stood upon!rcx:otpt of substartt/al evidence of such
di,e~'iminmion, the parties shall ha¥~ the fight to t~rminat~ this contract for
Ammadments: Th~ ~m~t may bo me~nd~d only by writte'~ ¢on,~nt of th~
parties.
FROM : IRCSD GREG SMITH ~HONE ND. : S61+56~+3~L51 Jul. 0~ 28B~ ll:JSAM P5
IN WITNESS HEREOF, thc pal~des hereto have causcd this inter-locaI agreement
to be executed by their duly authorized officials,
CITY OF SF_,BASTLAN, FLOP_iDA
By it~ C/ty Council
]By: T~rtence R. Moore, City Manager
Date:
Attest:
Sally A. Male, CMC, City Clerk
Date;
SCHOOL DISTRiCT OF INDIAN RIVEK COUNTY
By its SCHOOL BOARD
Herbert L. Bailey, Chairmau
Dat~:
Reginald Reynolds, School District Representative
Date:
Att~t:
Dr. Roger Dearing, Board Secretary and
Superintendent of Schools
DRAFT
HOME OF PF..LICAN ISLAND
SEBASTIAN CITY COUNCIL
WEDNESDAY, JUNE 27, 2001 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
WORKSHOP MINUTES
Mayor Barnes called the workshop to order at 6:00 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Ben A. Bishop
Mr. Joe Barczyk
Mr. James Hill
City Council Absent:
Mr. Edward J. Majcher, Jr. (Excused)
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, Ralph Brescia
Public Works Director, Terry Hill
Also Present:
Eric Grotke, Camp, Dresser & McKee, Inc.
City Council Workshop
June 27, 2001
Page Two
DRAFT
01.141
WORKSHOP ITEMS
A, Vacationof Easement Discussion[- Representative(s) from Camp,_Dresser, McKee,.Inc.
Will be Present ('No Backup) ~
The Public Works Director responded to ~uestions from Council relative to whether or not
property along rear easements should be vacated. He said vacation requests should be
addressed on an individual basis, and if i~ is found that property should be retained they are not
signed off on. ~
The City Manager noted that Eric Grotke of Camp, Dresser and McKee, Inc. was present to
address this issue. ,
Mr. Grotke stated that the whole SJRWMD plan was to cut down on water flowing into the
rivers, St. Sebastian and Indian River La~; oon, with retention areas so that water backs up into
those areas. The master plan that CDM is preparing could be used to assist the City in
determining whether easements should be kept.
Mayor Barnes inquired whether CDM would be willing to look at vacation requests and be part
of the process and Mr. Grotke said he thought they could.
Vice Mayor Bishop requested that certaini areas in which Public Works deems that easements
should not be vacated, be mapped and plovided to Growth Management. The Public Works
Director said it would be hard to map out Clue to the fact there are some problems in every area.
Mr. Bishop suggested it be a policy of CoUncil that rear easement vacations are not automatic
so there are no misunderstandings with builders and applicants.
The City Manager said with the direction of Council, that policy can be established at the City
staff meeting tomorrow. He said he could conduct a meeting with developers' representatives
within the next week or two to advise them of the policy.
Discussion continued on people overbuilding on lots and giving up property which may be
needed in the future; the fact that rear easement vacations are not all given because
engineering staff is looking at each one n~)w; and allowing staff to make the decision to set
some policy and utilizing the services of Mr. Grotke.
The City Engineer noted that there is presently a procedure; that CDM will be looking at the
whole area and once evaluated, it will be blear what areas will need to be retained.
The City Attorney recommended that the ineed to move water in the future in conjunction with
the proposed stormwater master plan needs to be looked at now. He said there are a lot of
rear easements that are ditches, that new law is requiring the flow of water be slowed down and
this will take land.
DRAFT
City Council Workshop
June 27, 2001
Page Three
It was the consensus of City Council that staff have a dialogue with builders and utiiitize Mr.
Grotke's input.
Mayor Barnes asked for a time frame in which the City will know how water needs to flow. Mr.
Grotke replied that major canals can be readily identified, the difficulty will be siting, positioning
and accessing the retention ponds which will be completed in no more than a year and a half
working with SJRWMD models.
The City Attorney reminded Council that they will still have the final approval on all vacation of
easement requests.
Herb Sturm, Sebastian, said he has tried for ten years to have drainage fixed and cited a code
that prohibits the restriction of the flow of water.
5. Mayor Barnes adjourned the Workshop at 7:40 p.m.
$£ 11AN
HOM[ OF' PELICAN ISLAND
DRAFT
2.
3.
4.
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 27, 2001 - 7:00 P.M,.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Rev. Ellie Lea of the First Presbyterian Church gave the invocation.
ROLL CALL
City Council Present:
Mayor Walter Barnes
Vice Mayor Ben Bishop
Mr. Joe Barczyk
Mr. James Hill
Citv Council Absent:
Mr. Edward J. Majcher, Jr.(excused)
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Police Chief, James Davis
City Engineer, Ralph Brescia
Public Works Director, Terry Hill
Roads and Drainage Superintendent, Jerry Converse
DRAFT
Regular City Council ·Meeting
June 27, 2001
Page Three
City Attorney Matters
Stated the wells in question are on the Filbert Street property and the City is looking at a grant
to develop that property; noting the establishment of a well would score points on the City's
grant application
Reported on the local option gas tax, stating there has been no further action at this time with
the Dept. of Revenue; and that he City will send a letter warning that the City will be filing
appeal; :
Said he will bring the mulching ordinance Ilanguage to the next meeting
Reported he was elected as St. Johns RiVer Water Management District representative on the
Board of Directors for the Florida Stormweter Association
City Manacler Matters
None.
9. City Clerk Matters
None,
10.
City Council Matters
A. Mayor Barnes
Inquired whether there was anything the City could do under its franchise to exercise penalties
for poor service, to which the City Attorney responded the telecommunications act took a lot of
authority away, advised this is not an exclUsive franchise, and that loss of service can be
deducted from bills. The City Manager said he has advised people to exercise their right to
adjust payments.
B. Vice Mayor Bishop
Inquired about the
referendum and suggested that staff look
probably be on the 2002 ballot
Expressed concern about code violations
suggested this could be addressed under
Recommended that the public not be kept
process
TAPE I - SIDE II (7:48 p.m,)
2004 sunset date for the one cent sales tax and whether there will be a
nto it and the City Attorney reported that it would
it a house on Ocean Cove; and the City Attorney
luisance ordinanc
out of the loop on the Good Guys property planning
Regular City Council Meeting
June 27, 2001
Page Five
DRAFT
11.
Consent A(3enda
All Items on the consent agenda am considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member of city council so requests; in which event, the Item will be removed end acted upon
separately.
A. Approval of Minutes - June 8, 2001, Special Meeting
B. Approval of Minutes - June 13, 2001, Regular Council
01.161
Approval of Minutes - June 19, 2001, Stormwater Workshop
Resolution No. R-01-47 Dept. of Justice Local Law Enforcement Block Grant Program
(LLEBG) (City Manager Transmittal 6/21/01, R-01-47)
01.162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO APPLY FOR'FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM.
Resolution No. R-01-48 Florida Dept. of Environmental ProtectiOn Land and Water
Conservation Fund Program Grant (City Manager Transmittal 6/21/01, R-01-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO APPLY FOR A LAND AND WATER CONSERVATION FUND PROGRAM GRANT; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
01.160
Resolution No. R-01-49 Supporting Amtrak Passenger Rail Service (City Manager
Transmittal 6/22/01, R-01-49)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA SUPPORTING THE ESTABLISHMENT
OF AMTRAK PASSENGER RAIL SERVICE B~EEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST
COAST OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE.
01.057
Authorize the City Manager to Approve Change Authorization #1 from the St. Johns River
Water Management District .and Revised Schedule for the Extension of the Master
Stormwater Management Plan Contract from July 1,2001 to March 1,2003 (City Manager
Transmittal 6/19/01, Change OrderAuthorization Dated June 1,2001 from SJRWMD Plan
Project Schedule)
01.163
Authorize the City Manager to Attend International City Managers Association (ICMA)
Annual Conference in Salt Lake City, UT - 9/21/01 to 9/25/01 (City Manager Transmittal
6/21/01)
01.164
Amy Harvey - Wedding Reception at Community Center June 30 until 12:00 am, A/B (City
Clerk Transmittal 6/12/01, Application Dated 6/12/01)
01.018
Approve 4t~ of July Celebration Street Closings (City Manager Transmittal 6/21/01, List
of Streets to be closed)
The City Attomey read Resolution Nos. R-01-47, R-01-48, and R-01-49 by title. He noted that
R-01-49 was as amended at the table tonight.
Regular City Council Meeting
June 27, 2001
Page Seven
DRAFT
Herb Sturm, Sebastian, discussed a letter from Chief Davis regarding statements by the City
Attorney regarding code enforcement fines and a lien placed against his property.
TAPE II - SIDE I (8;$5 p.m.)
Mr. Sturm continued his input asking hoW City Council can accept false police reports, noted he
had submitted a complaint against the police to the Clerk, and said Council needs to directthe City
Manager.
Gary Kaczenski, Sebastian, asked if a ~ottom rail and ladder can be installed on the long docks
at Main Street and the Yacht Club to allow boats to moor while they wait to use the ramps.
Mayor Barnes called recess at 8:43 p.mI and reconvened the meeting at 9:58 p.m. All members
were present except Majcher.
01.111
14.
15.
Committee Reports/Recommendations
Old Busin~s~
A. Potential Millennium Clocktower
Narrative and Photos.)
None
.ocations (City Manac~er Transmittal 6/;~1/01, Ma~s,
Carolyn Corum, Sebastian, suggested Main Street and U.S. 1 or Main Street and Indian River Drive
for the clock's location.
Betsy Fieid-Connelly, Sebastian, requested Council not be hasty in its decision, nor stingy in
expending funds to locate it, and suggested placement in the center of Fellsmere Road with a
circular drive around it.
Julianne Barrett said she prefers Main Street and U.S. 1 as the location; and thanked Ann Brack
for helping with the 75th Anniversary Committee.
·
Sal Neglia suggested the southeast corner of U.S.
Steve Lada, said placement of the clock ih the middle of Fellsmere Road will block the view of the
Indian River from CR512; and suggested Main Street and U.S. 1.
Baxter Coston, Sebastian, suggested th~ bluff on High Street.
Carolyn Corum noted the Fellsmere location was approximately $100,000.
Tut Connelly, addressed the cost.
Alita Hirshfeld, Sebastian, said City council needs to find the center of the City.
DRAFT
Regular City Council Meeting
June 27, 2001
Page Nine
MOTION by Bishop/Hill
"1 would make a motion that we not support the NFPA's 1710 what was the other number
involved here? And (bear with me) 1720."
Mr. Bishop stated that he would like to send a letter that the Council does not support the proposed
rule.
ROLL CALL:
Mr. Majcher - absent
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
16. New Business
01.165
Approv~ the Purchase of a Caterpillar 924G Wheel Loader from Kelly Tractor Company in
the Amount of $109,016 ICity Manager TransmLttal 6/12/01, Sales Quote, Federal GSA
Contract Letter.)
Jerry Converse, Roads and Drainage Superintendent, addressed City Council on the
benefits of the proposed purchase.
MOTION by Hill/Barczyk
"1 move to approve the purchase of a Caterpillar 924G Wheel Loader from Kelly
Tractor Company in the amount of $'109,016 from the Federal GSA Contract #GS-30F-
1025D."
ROLL CALL:
Mr. Hill - aye
Mayor Barnes - aye
Mr. Bishop - aye
Mr. Barczyk - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
01,166
Resolution No. R-01-46 - Authorize the Execution of Letter Agreement Amending Existinq
Agreement with ICMA Retirement Comoration for the Purpose of Providing Payroll
Deductions for Individual Retirement Accounts (.Finance Deot. Transmittal 6/20/01,
letter agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO PENSIONS, AMENDING THE EXISTING
AGREEMENT WITH THE ICMA RETIREMENT CORPORATION PROVIDING FOR AN EXECUTION OF AN LETTER
AGREEMENT TO PROVIDE PAYROLL DEDUCTION INDIVIDUAL RETIREMENT ACCOUNTS TO EMPLOYEES;
PROVIDING FOR REPEAL OF RESOLUTION OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Sebastian, Florida
Subject: Resolution No. R-01-53
Vacation of Easement - Ferraro
Lots 1 & 2, Block 225, Sebastian
Highlands Unit 6
Ap~9~ r Submitt~i'~
Exhibits: 1) R-01-53 2) Site Map 3) Staff Report
EXPENDITURE AMOUNT BUDGETED:
REQUIRED: None None
Agenda No. 01.170
Department Origin: Growth ManagFm, ent
Date Submitted: 6/29/01,~.'d I~ [i,, L.~
(TH)
For Agenda of: 7/11/01
4) A?plication 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for a vacation of the side public utility and drainage easements 'located on the
south six (6) feet of Lot 1 and the north six (6) feet of Lot 2, Block 225, Sebastian
Highlands Unit 6, less the eastern ten (10) feet thereof. The applicant wishes to construct
a single family dwelling on a double lot. This request does not abandon any part of the
rear 10' drainage easement
Adopt Resolution No. R-01-53
RECOMMENDED ACTION
RESOLUTIOI~- NO. R-01-53
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
1 AND 2, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a new single-family
residence at 592 Biscayne Lane within the City of Sebastian; and
WHEREAS, the owner of the land upon ~vhich said improvements shall be built has filed
a request for abandonment of the public utility an~t drainage easements along the interior lot lines
of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE~CITY OF
SEBASTIAN, as follows: ,
Section 1. VACATION OF EASEMENT.
Sebastian does hereby vacate, abolish, abandon and
previously dedicated for a public utility and drainage easement described as follows:
The southern most six (6) feet of Lot 1 an~t the northern most six (6) feet of Lot 2,
less the eastern most ten (10) feet thereof, all being in Block 225, Sebastian
Highlands Unit 6, as recorded in Plat B~ok 5, Pages 93 thru 97, of the Public
Records of Indian River County, Florida, i
all located within the City of Sebastian, Indian Ri~,er County, Florida.
The City Council of the City of
discontinue all of that portion of land
Section 2. CONFLICT.
herewith are hereby repealed.
Section 3. RECORDISNG.
records of indian River County, Florida.
Section 4.
upon its adoption.
The foregoing
EFFECTIVE DATE.
All resolutions or parts of resolutions in conflict
This resolution shall be recorded in the public
This resolution shall take effect immediately
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barezyk
Councilmember James A. Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
day of
,2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Al~n~y
[1~ l~ll
PI~OPO~ED
/ SEPTICTANKr~~/
D~AIN F~tD ~
NOTE:
COUNTY
WATER
~ ~ P.~U.
CURVATURE
( NOT ~RUND )
LEaL DESCRIPTION:
LOT5 I AND Z BLOCK ~,
ACCORDIN~ TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5 PAGE~
INDIAN RIVER COUNTY, FL ORIDA~
5UR~YOR'5 NOTES:
1. BEARING5 SHOWN ARE BASED ON THE CENTERLINE
OF BISCAYNE LANE AS ~ 51 °49'23' E AS PER RECORDPLAT.
2. NO INSTRUMENT OF RECORD REFLECTING
RIGHTS OF WAY AND~R OWNERSHIP WERE FURNISHED
TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE
OPINION IS EXPRESSED OR IMPLIED.
3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING
UNDERGROUND FOUNDATIONS, ENCROACHMENTS
ANY IMPROVEMENT5 EXCEPT AS SHOWN.
4. THE LOT SHO~N HEREON B LOCATED IN FLOOD ZONE
'X' PER FLOOD INSURANCE RATE MAP
DATED MAY 4.
5. ELEVATION~ BASED ON ASSUMED DATUM, ELEVATION
50.~ A~SUMED ON THE CENTERLINE OF BBCA YN~ LANE.
ABBREVIATIONS:
P-PLAT M.MEASURED R~-RIGHTOF
A/C.AIR CONDITION COV-COVERED
R. RADIUS A-ARC LENGTH D-DELTA ~ENTRAL ANGLE),
ENTERLINME O.U.L.-OVERHEAD UTILITY LI~E5
DE-PUBLIC UTILITY ~ DRAINAGE EASEMENT
PK-PARKER LAKOM ( BRAND NAME ) CONC-CONCRETE
PLS-PROFES$1ONAL [AND ~URVEYOR
LB-LAND ~URVEYING
BOUNDARY SURVEY 5-24-2.001
R( SE DRIVE
N 38010'37" E 100.00',,.
LOT 1
BLOCK 225
[ VACANT )
52.7'
?ROPOS~D ONE
STORY RESIDENCE
50'
WELL
7,9' ~.0'
N ]8 ' 10'.~ 7' E
· LOT 20
BLOCK 2,35
( V,~CA~r l
LOT 2
BLOCK 225
(VACANT)
S 38°10'37" W 125.00' ,.
NOT ~N~ ~' OF PffO~SED( RE~ID~N(~ )
LOT 19
BLOCK 225
BOUNDARY SURVEY
CERTIFIED TO:
MR b' MRS FERRARO
MGB CONCTRUCTION, INC,
LEGEND:
~- FOUND 1/Z' IRON REBAR ~ITH PLASTIC CAP STAMPED 'SMITH 1761"
O- SET 5/8' IRON REBAR WITH PLASTIC CAP STAMPED 'PLS 4896'
~. FOUND NAIL ~' I-1/2' DISK!
~)- FOUND NAIL
PREPARED BY:
CECRLE LAND SURVEYING, INC.
FLORIDA LAND SURVEYING L~U~INESS #6637
1074~ HIGHWAY U.S. I, SUITE ~, SEBASTIAN, FLORIDA
PHONE (361) .~88-D$20
CERHFIED CORRECT TO THI:' aEST OF MY KNOWLEDGE AND BELIEF IN
CONFORMITY WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH
B~' THE FLORIDA BOARD OF LA,ID SURVEYORS, PURSUANT TO CHAPTER
~ IGI 7-6 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND
CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED
HEREON, THIS SURVEY I$ NOT ~ALID WITHOU~ THE SIGNATURE AND THE
ORIGINAL RASIED S FLORIDA LICENSED SURVEYOR AND MAPPER.
LOT 18
BLOCK 2Z5
(V~CANT)
SCALE 1'=30' J FIELD BOOK 40-64
ABANDONMENT OF EASEMENT
Staff Report
Project Name: Residence for Julian & Barbara Ferraro
Requested Acfion: Abandonment of the side public utility and drainage easements
located on the southern six (6) feet of Lot 1 and the northern six (6) feet of Lot 2, Block
225, Sebastian Highlands Unit 6, less the east ten (10) feet thereof.
Project Location:
a. Address:
b. Legal:
Project Owner:
a. Name:
b. Address:
Project Agent:
a. Name:
b. Address:
592 Biscayne Lane
Lots 1 & 2, Block 225, Sebastian Highlands Unit 6
Julian & Barbara Ferraro
183 Tampa Drive
Tavemier, Florida 33070
MGB Construction, Inc. ~.~.~
945 Fellsmere Road
Sebastian, Florida 32958
Project Description:
a. Narrative of proposed action: Application has been made for abandoment of the
side public utility and drainage easements platted on the southern six (6) feet of Lot 1 and
the northern six (6) feet of Lot 2, Block 225, Sebastian Highlands Unit 6, less the east ten
(10) feet thereof. The clients wish to construct a single family dwelling on a double lot.
b. Zoning: RS-10
c. Future Land Use: LDR
d. Existing Land Use: Vacant
Utilities Comments:
Florida Power & Light:
Southern Bell:
Charter Communications:
Indian River County Utilities:
City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
approved
approved
approved
approved
approved
none
Approve Re~ ;olution R-01-53
Prepared by
Permit Application No.
City of Sebastian
Development Order Application
- Applicant (If not owner, written authorization (notarized) from owner is required)
Name: Julian Ferra~o and Barbara Ferraro
Address: 183 Tampa Drive; Tavernier, FI 33070
Phone Number. ( 305 ) 852 9982 FAX NumbeF. ( )
E-Mail:
Owner (If different from applicant)
Name:
same
Address:
Phone Number;. ( ) - FAX Number:. ( )
E-Mail:
Type of permit or action requested: abandonment of public utility and drainage easement
PLE. ASE COMPLETE ONLY THOSE SECTiONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-['ACHED AND 81/2" BY 11" COPIES OF ANY A3-rACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (if applicable):
-B. Site Information
Address:
592 Biscayne ~_ane
L°t:l & 2 Block: 225 Unit:
Indian River County Parcel
Zoning Classification:
RS-lO
ExisMng Use:
vacant land
Subdivision:
6 Sebastian Highlands
13-31-38-00001-2250-00001.0
Future Land Use:
Proposed Use:
single
family home
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary): build home over the adjoining property line of Lot 1 and Lot 2
DATE RECEIVED: _.~../~O I
IForrn CD-200'I
Approved: 08/27/97
Revision:
FEE PAID: $ [D~9, " RECEIVED BY:
Page f of 3 Development Application
File N, me: D°a
Permit Appllcatlen Ne,
D. Project Personnel:
Agent:
Name: MGB Construction,. Inc
~illiam Ballough
Address 945 Fellsmere Road Sebastian, FT 32958
Phone Number. ( ) 589 7472
FAX Number. ( ) 589 ,- 0663
E-Mail:
Attorney:
Name: N/A
Address
Phone Number. ( )
FA~X Number. ( )
E-Mail:
Engineer:
Name;
Ron Keller
Addmss
US i Sebastian, ~ 32958
Phone Numben ( )
589 0712
E-Mail:
FAk Number. ( )
589 6469
Sdrveyor:
Name:
Cecrle Tand Surveying
Address 10749 US 1 Suite A Sebastian,
Phone Number;. ( ) 38'8 0520
E-Maih
FL 32958
FAX Number. (
) 388
0520
I, ~ ~.4~a F~.,~,~,~ o . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT:..,~ I AM ~E OWNER I
~ ~E ~GAL REPRESE~ATI~ QF ~E OWN~ OF THE PROPER~ DESCRIBED WHICH 18 ~E SU~ECT ~R O~lS
APPUCA~ON, AND T~T A~ ~E INFOR~ON, ~PS, DATA AND/OR S~CHES PRODDED IN THIS APPUCATION ARE
~C~N~RUE TO ~E BEST OF ~ ~OWLEDGE AND BELIEF.
SIGNORE · : DATE
WHO IS PERSONA~Y ~OWN ~ME OR PRODUCED ~ ~ o ~
AS IDE~FICA~ON, ~,S ~~ DAy. oF ~ , ~O~
NOTARY'S SIGNORE _~ /~
PRI~ED NAME OF NOTARY ~~ ~ ~~.
AFO~ C~20Of ' '1 Page 2 of 3 i [ Development Applica~on
ppmv~: 08~7/97 '[ Revision: ~ I Rle Name: Doe
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits~ special use pertnits~ variances,
exceptions~ and appeals.
I/WE, /~ THE OWNER(S) .... THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THiS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE O-/T"/ COLL/k)P_~
BOARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE 'BOARD"/"COMMISSION~) TO PHYSICALLY ENTEI~ UPON THE PROPERTY
AND VIEW THE PROPER'Pt' IN CONNECTION WITH MY/OUR PENDING APPLICATION.
]/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE l/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT iS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFiCtAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
Swam to and subscribed before me by J u~a.~ /-~'/z/g.4~-o ~x~d/ ~>~/~',4~'// /L"~/~ o
who is personally known to me or produced /~J~a ,~
as identification, this d~'~ day of /w/,4 '/
Notary's Signature
Pdnted Name of Nota~
Commission No./Expiration
Seal:
L =o,.m cD-_2oo
'~ Approved: 0a/27/97
f Revision:
Page 3 of 3
Developrnen~ ApplicaEon
File Name: Doa
Permit Application No.
Supplemental Information
Easements, vacation of
Describe the easement to be vacate¢ (provide a legal description, if possible):
public utility and drainage easement between Tot 1. Block 225 Unit
and lot 2 Block 225 Unit 6
Why is this vacation of an easement being request?
to construct a single family d~elling
3. Attach a survey showing the location of the property lines, all easements and all
structures on the property.
,Approved: 8/27/97 Revision: ; File Name: Sieasev
BELLSOUTH
Illllie C:. gceenllel
General Managllr-Netwatk Ol:~erahans
Indian River Divieion
5~1 ~B8 9~7G
Fex ~1 46~ ~705
June 22,200t
Dorris Bosworth
City of Sebastian
122S Main .q~'eet
Sebastian, Florida 32958
RE; PETITION TO ABANDON/VACATE EASEMENT
Dear Ms Bosworth:
Per your request, BelISauth has no objection to the abandonment of the utility easement
described herein:
The public utility and drainage casement located cm tim south six (fi) Feet 'o l* Lot I and the north -
six (6) feet of Lot 2. Block 225, Sebastian HighI~d-~ Unit 6.
We have no faciliti¢, within this portion of said utility casement.
For furth~ a.saistance please contact Kirk Walk,r at (561) 468-5538.
Yours u'uly,
Billie C. Greenlief
General Manager
cc: Kirk Walker
Ci~ of SebaStian
1225 MAINSTREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 D FAX (561) 589-2566
REOUEST FOR ABANDONMENT OF EASEMENT
May 30, 2001
Description of Easement to be abandoned: The public utility and drainage easement located on
the south six (6) feet of Lot 1 and the north six (6) feet of Lot 2, Block 225, Sebastian
Highlands Unit 6, less the eastern ten (10) feet thereof.
Location of Easement: 592 Biscayne Lane Sebastian, Florida
UTILITY: Ken/~/~k~er Communi,:ations
APPROVED: ~ ~
APPROVED/DENIED BY: --' t,,' ~
(signature)
COMMENTS:
FAX NO: 589-3872
Remm to:
Dorri Bosworth, City of Sebast~an,i Growth Management Department
Fax No. (561) 589-2566.
· . City of Seb~s~iaa ~
~OUEST ~'gR AB~ONMENT O3' ~AS~lVfENi '~-
May 30, 2001
Descri~tion_~f]~semen~t to be abandoned: The 1~blic ~tili~/~ ~'e~n~e =sem~t located ~
th~ ~outh six (6) f¢~t of Lot 1 ~d the north ~ix (6) feet of Lot 2, Block 225, Scb~'ti~n
Hi~h/a.uds Uni~ 6, le~ the eastern tan (10) f~,,t thereof,
UTILITY: Pedro Rubier~, FPL
AP?ROVED:
APPROVED/DENT~_..'D BY:
COMMENTS:
FAX NO: (561) 489-6224
Z
Re'0a-n to:
Don'i Bosworth, City of $~bastian, Growth M~matem~mt D~pamn~
Fax No, (561) 599.2566,
MAY.@O. ~E 21 lB: 55AM ~LDG DEPT SEBRSTTRH l~u. ~i ~. l/c-
City. of SebaStian
1225 MA/N STREET [] SEBAIST1AN, FLOP, IDA 32955
TELEPHONE (561) 589-$537 !C FAX (56I) 559-2566
REQUEST FOR A,B,hNDON~NT OF EAS~
May -" O, :2001
~iption of Ea~eme2~t to be abando~lvd: Thc public utility md draiuage eas~raant located on
the south six (6) fe~ of Lot 1 a~d the north six (6) fe~t of Lot 2, ]Block 225, Scbastiaa
Highlands Unit 6, les~ the eastern ten (l.O) feet thereof,
Location o[ Easement: 592 Biscayne Lane, Sebastian, Florida
APPROVED: ~
AP?R OVED/DENIED BY:
UTILITY: Kevin N. Os~hus, I.R.C. U~ilitieS
DEMED:I
(~igmmre)
COMMENTS:
FAX NO: 770-$143
DATE:
Rerun. to:
Dom Bosworth, Ci~ of Sebastian, Grov~ Mana~emenl: Depamuent
F~ No. (561) 589-2566,
122~ MA~ STP. gET
~ sou~ s~ (6) f~et of Lot 1
UTILITY: R:dph Brescia, City Engineer
/ DENTED:
"
COMMENTS:
F.~ NO: ~89~209
DATE'.
Returu to:
Dcrri Bo_~w~h, Ctly of Sebastian, ~ Man~cmen~ Depanm~l
F~x No. (561) ~89-2566,
City of sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561)589-5537' [] FAX (561)589-2566
TO:
FROM:
DATE:
RE:
Rich Stringer
City Attomey
Dorri Boswo~
June 29, 2001
Resolution for Abandonment of Easement
Please review the attached resolution for the abandonment of the side yard easements for Mr. &
Mrs. Ferraro on Lots 1 and 2, Block 225, SebaStian Highlands Unit 6. If everything is okay,
please forward to the City Manager.
City of Sebastian, Florida
Subject: Resolution No. R-01-54
Vacation of Easement - Raymondo/Pearce
Lots 10 & 11, Block 12, Sebastian
Highlands Unit 1
Agenda No. 01.171
Department Origin: Growth Managem ~m
Date Submitted: 6/29/01
Ap~~Submitt.alJ~fh
Exhibits: 1) R-01-54 2) Site Map 3) Staff Report
EXPENDITUILE AMOUNT BUDGETED:
REQUIRED: None None
For Agenda of: 7/1. 1/01
4) A-~plication 5) Utility Letters
APPROPRIATION
REQUIRED: None
SUMMARY
This is a request for a vacation of the side public utility and drainage easements located on the
northeastern five (5) feet of Lot 10 and the southwestem five (5) feet of Lot 11, Block 12,
Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof. The applicant wishes
to construct a single family dwelling on a double lot. This request does not abandon any
part of the rear 10' drainage easement.
Adopt Resolution No. R-01-54
RECOMMENDED ACTION
RESOLUTION NO. R-01-54
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING
FOR CONFLICTS HEREWITH; PROVID~G FOR RECORDING;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, a building permit is sought for construction of a new single-family
residence at 198 Main Street within the City of Sebastian; and
WHEREAS, the owners of the land upon which said improvements shall be built have
filed a request for abandonment of the public utility and drainage easements along the interior lot
lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof;
NOW THEREFORE, BE IT RESOLVED BY TI-IE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT.
Sebastian does hereby vacate, abolish, abandon and
The City Council of the City of
discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot
11, less the northwest most ten (10) feet thereof, all being in Block 12, Sebastian
Highlands Unit 1, as recorded in Plat Book 5, Page 14, of the Public Records of
Indian River County, Florida,
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT.
herewith are hereby repealed.
Section 3. RECORDING,
records of Indian River County, Florida.
Section 4.
upon its adoption.
The foregoing
EFFECTIVE DATE.
All resolutions or pans of resolutions in conflict
This resolution shall be recorded in the public
This resolution shall take effect immediately
Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James A. Hill
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Resolution duly passed and adopted this
day of
,2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City At~t&ney
LINE, LOT 12
I
40.~0' P,
40.00'
ABANDONMENT OF EASEMENT
Staff Report
Project Name:
Residence for Theresa Raymondo & Ronald Pearce
Requested Action: Abandonment of the side public utility and drainage easements
located on the northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot
1 l, Block 12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof.
Project Location:
a. Address: 198 Main S~eet
b. Legal:
Lots 10 & 11, Block 12, Sebastian Highlands Unit 1
Project Owner:
a. Name:
Theresa Raymondo & Ronald R. Pearce
b. 'Address:
501 S. Dolphin Circle
Barefoot Bay, Florida 32976
Project Agent:
a. Name:
MGB Construction, Inc.
b. Address:
945 Fellsmere Road
Sebastian, Florida 32958
Project Description:
a. Narrative of proposed action: Application has been made for abandoment of the
side public utility and drainage easements platted on the northeastern five (5) feet of Lot 10
and the southwestem five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1, less
the northwest ten (10) feet thereof. The clients wish to construct a single family dwelling
on a double lot.
b. Zoning: RS-10
c. Future Land Use: LDR
d. Existing Land Use: Vacant
Utilities Comments:
Florida Power & Light:
Southern Bell:
Charter Communications:
Indian River County Utilities:
City Engineer (drainage):
Growth Management Director Comments:
Staff Recommendation:
approved
approved
approved
approved
approved
none
Approve Resolution R-01-54
Prepared by
Permit Application No.
City of Sebastian
DeveloPment Order Application
Applicant (If not owner, written authorization (notarized)_from owner is required)
Name:
Theresa V. Raymondo and Ronald R. Pearce
Address:
501 S. Dolphin Circle; Barefoot Bay, F]~ 32976
Phone Number:. ( 561 ) 664 ' 3308 FAX Number. ( )
E-Mail:
_Owner (If different from applica_nt)
Name:
same
Addre~: "
Phone Number. ( ) FAX Numben ( )
E-Mail: "
Type 0fpermit or action requested: vacate 5' public utility & drainage easement between
tot~ 10 and ll Dloak t2 Unit t S~s%ian tIightanc~
PLF..ASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (if applicable):
B, Site Information
Address;
198' Main Street
Lot: Block: Unit: Subdivision:
10/11 12 1 Sebastian Highlands
Indian River County Parcel #: 01-31-38-00002-0120-00010.0
Zoning Classification: Future Land Use:
Existing Use:
vacant land
Proposed Use:
single family dwelling
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary): vacate 5' public utility and drainage easement between Tots 10 and 11
Block 12 Unit 1 Sebastian Highlands
DATE RECEIVED: ~_~__I~._./.L~
FEE PAID:
JForrn CD-2OOY
Approved: 08/27/97
I Revi. sion:
Page f of 3
tDevelopment Application
File Name: Doa
Permit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number:. ( 561 )
MGM Construction, Inc
William Ballough
945 Fellsmere Road; Sebastian, FL 32958
589 ' 7472 FAX Number. (561
) 589
0663
E-Mail:
Attorney:
Name: N/A
Address
Phone Number. (
) FAX Number. ( )
E-Mail:
Engineer:
Name:
Ron Keller
Address
US 1 Sebastian, FT 32958
Phone Number. (561) 589 0712
E-Mail:
FAX Number:. (561) 589 ' 6469
Surveyor:
Name:
Cecrle Tand Surveying, Inc
Address'
10749 US 1 Suite A; Sebastian, FL 32958
Phone Numbe~. ( 561 ) 388" 0520 FAX Numbe~. ( 561
E-Mail:
) 388" 0520
I, zgr ~ ¢¢-,¢
AM THE LEGAL REPRESENTATIVE QF THE OWNER OF THE PRQPERI'Y DESCRIBED WHICH I.,~ THE SUBJECT MATTER QF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKFTCHES PROVIDED IN THIS APPLJCATIQN ARE
ACCURATE AND TRUE TO THE BEST QF MY KNOWLEDGE AND BELIEF. ·
WHO IS PERSONALLY KNOWN T¢ ME OR PRODUCED
O-~'~
AS IDENTIFICATION, THIS 3 . DAY OF
NOTARY'S SIGNATURE ~ _~_; My COM~SS~)N # cc 782
PRINTED NAME OF NOTARY
' - - -- ~ '8~-3-NOTAAy Fla. Nola S~' , ·
COMMISSION NO./~Pi~TION
$~L:
IForrn CD-200'I
Approved: 08/27/97
Page 2 of 3 I Development Application
· Revision: File Name: Doe
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans~ conditional use permits, special use pernlits~ variances~
exceptions~ and appeals,
I/WE, ~ THE OWNER(S) ~ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE .
BOARD/COMMISSION OF THE CI'i'Y OF SEBASTIAN (TilE 'BOARD'J"COMMiSSlON") TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE lANE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTTI'UTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
THIS WAIVER AND CONSENT I$ BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS a RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
Sworn' to and subscribed before me by
who is pemonally known to me or produced
as idenfifi~tion, this
tForm CD-2007
Approved: 08/27/97
Page 3 of :3
Revision:
Development Application
File Name: Doa
Permit Application No.
Supplemental Information
Easements, vacation of
Descdbe the easementte be vacated (provide a legal description, if possible):
Vacate the West 5' Public Utility and Drainage Easement of Lot 11 and
vacate the East 5' Public Utility and Drainage Easement of Lot 10
Why is this vacation of an easement being request?
Construct a single family dwelling over the lot lines
Attach a survey showing the location of the property lines, all easements and all
structures on the property.
Form CD-2009
· Approved: 8/27/97
Page ~ of '~
Revision:
Vacation of Easemen
File Name: Siea.~ev
BLD~ DEPT SEBASTIAM
P. L,'2
City of Sebastian
I225 NLaffN STREET Q SEBASTIAN, FLORIDA 32958
TELEPI-iONE (56I) $E9-5-~37 [] FA_)[ (561) 589-2566
REQUEST_FOR ABANDONM~.OF EAS~EBtE,'WT
3unz ?, 2001
Descrigtion of Easement to be abandoned: The pubLb u~ility md drainage easement located on
the northeastern five (5) fee~ of Lot 10 and thc southwestern five (5) f¢~t of Lot 11, Bto~k
12, Seb~fiam Highlands Unk 1, less ~¢ no~w¢~ ~en (10) fe~ ~cof,
Location of]Easement: I98 M/fin Street, Sebasfiar~ Florida
UTILITY: Ralph Brescia, City Engineer FAX NO: ~89-6209
APPROVED: ~/
D/DENI-ED BY:
COMMENTS:
Dorri Boswonh, City of Sebastian, Growth Management Depmsmem
F~ No. (561) $89-2566.
City ~f Sebastian
JUN 1 8
1225 MAiN STP~ET [] SEBAST~, FLORIDA 329~8
TELB?HONE (561) 589-5537 [] FAX(261) 589-2566
REOLTEST FOR ABA~_~ID_ON3~Ei~ O~ EASEMENT
June ", 2001
Deac_._..! Infloq of l~as.ment to ~%allando~ed: The p~c u~ md ~a msment loc~d c,n
fl~e no~eastm~ five (5) fe~t of Lot 10 ~d fl~e sou~weatem five (5) fe~ of Lot tl, Block
12, 8eb~t/~ Highl~ Unit 1, less ~e no.west m (10) feet ~eof,
Location of Easement: 198 Main S~et, Sebasti~ Florida
UTIIITY: Kev~ N. Osthus, L~C. U~ties F~ NO: 770-~143
~P~.O~D: ~ D~: DA~:
COMMENTS:
Re~J.r i to:
Dorri Boswort~, Cily of Seba,tian, Crrowth Management Departme~
Fax Nc. (561) 589-2566.
1225 MAIN STI~I~T [] .~EI3ASTIAN, FL~KIDA
TELEPHON~ ($61) $g9-3.~37 S FAX (5~1) $894566
June ?, 2001
th~ northea~a five (.5) feet of Lot 10 ~nd the souHwcstem five (5) £eet of Lot 11, Block
12, $ob~st-i~rn Highlands Uait 6, les~ th~ northwest ten [10)
L.%cation of Easement: I9g Main $~r~ Sebasii~, Florida
UTILITY: Pedro Rubi~rs, FPL
APPROVED: X DENIED:
APPRO VED/D E'NIED BY :_ _~,d~~ .
(signat,,tre)
FAX NO: (-~61)
COMMENTS
Return to:
Dom Bosworth, City of Seh~cim, Growr. h Manag'cmmt D~nm~t
Pax No. (561) 589-2566.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 [] FAX (561) 589-2566
REOUEST FOR ABANDONMENT OF EASEMENT
June 7,2001
Description of Easement to be abandoned: The public utility and drainage easement located on
the northeastern five (5) feet of Lot 10 and the southwestern five (5) feet of Lot 11, Block
12, Sebastian Highlands Unit 1, less the northwest ten (10) feet thereof.
Location of Easement: 198 Main Street, Sebastian, Florida
UTILITY: Ke~-~ter Communications
APPROVED:'~~ DE/~D: _..~
APPROVED/DENIED BY: ~~'r~'"-'~ture) '
FAX NO: 589-3872
COMMENTS:
Return to:
Dorri Bosworth, City of Sebastian, Growth Management Department
Fax No. (561) 589-2566.
City of Sebastian
1225 MAIN STREET D SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 [] FAX (561) 589-2566
TO:
FROM:
DATE:
RE:
Rich Stringer
City Attorney
Dorri Boswo~f~
June 29, 2001
Resolution for Abandonment of Easement
Please review the attached resolution for the abandonment of the side yard easements for Ms.
Raymondo & Mr. Pearce on Lots 10 and 11, Block 12, Sebastian Highlands Unit 1. If
everything is okay, please forward to the City Manager.
Thank you.
:jk
BELLSOUTH
gellle~k Toleoemmagi~aLIg~o inc.
:~300 Qkeechobee Road
Room 213
Fort Pierce, FL. 34547-,455~2
llllio C. Omfdisl
General MensgBr-Network Operetione
indian River Oivilion
~I 468 99~G
Fax 561 455 4705
June 22,2001
Dorria Bosworth
City of Sebastian
1:~25 Maini Street
Seba~tlano Rot'ida 32958
RE: PETITION TO ABANDON/VACATE EAS:
Dear Ms Boswonh:
~MENT
Per your request, BellSouth has no objection to tlae abandornnent o f the utility
described herein:
The public utility and drainage ca.~emcnt located ion the northeastern five (5) Feet of'Lot
the southwestern five (5) feet of Lot 11, Block 12, Sebastian Highlands Unit 1.
We have no facilities within thio portion of said fltility easement.
For furthe~ aa,,iatane~ please contact Kirk Walke~ at (561) 468-55311.
Yom~ truly,
gillie 12. IGr~enlief
General Manager
cc: Kirk Walker
City of Sebastian, Florida
0~IC~ O~~ T}~ C1T~ A~Ot~Y ~
AGENDA TRANSMiTTAL
Agenda ]No. 01. 132
Subject: motorized b oats, Ordinance O -01-13 D ate Submitted:, 7 / 3 / 01
For Agenda'of: - 7 / t 1/01
SUMMARY:
Pursuant to Council direction, the Code restrictions for maximum three horsepower gas-powered
boat engines on the residential waterways is being changed to an outright ban. Additionally,
repetitive and mis-designated provisions between the Land Development Code and the general
Code are transferred and cleaned-up.
RECOM3~NDED ACTION:
ORDiNANCE NO. O-01-13
AN ORDiNANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF
WATERCRAFT AND CHAPTER 110 ARTICLE H WATERCRAFT;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City Council finds that certain provisions relating to the operation of
watercraft that are found in the Land Development Code do not relate to the use of land, and
should be transferred; and
WHEREAS, the City Council has determined that it is the public interest to ban operation
of all watercraft powered by internal combustion motors from the residential waterways of the
City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 54-
2-7.8 is hereby amended to read as follows:
Sec. 54-2-7.8. Regulation of watercraft
(a) Rcgular moo~ing of watereraft/livc aboard roguMtione.
(4-)l The following restrictions shall apply to regularly moored watercraft:
a. Regularly moored watercraft shall not be permitted as business offices or other
related commercial enterprises. This provision shall not preclude the regular
mooring of watercraft for fishing operations, charters, pleasure and other water-
dependent uses, provided said mooring is located at an approved private dock,
commercial marina, or approved anchorage identified by the United States Coast
Guard and depicted on nautical charts.
b. Onl_v minor repairs and/or maintenance Of w~ercrat~ in residential areas is
permitted and only When such repairs or mainten~n.c.e_j3 performed by the person
who is both the owner (or ten~t)..Qf~.th~ real propert_v and owner of the
watercr,~, 0~r at his direc~;iOlZ
b. ,M1 watercraft utilieing the waters of tho city 9hall be-maintained in a seaworthy
condition; o~oopt when in a permitted repair area. [Note: transferred to sec.
j jo-s8]
o. Under no circumstances shall an5' vessel anchor or moor in arena that have been
determined by the Florida Department of gm~ironmental Protection as protested
a~e for wildt~fe and plant life in tl~ submerged lands. [Note: transferred to
sec. 110-35] And in no event shall any owner or operator of an)- -oo0sol
di0oharg~ a~' untreated human waste or other debris.
c. tbPermanent live-aboards are not permitted in waterways within the jurisdiction of
the City of Sebastian.
~.Transient live-aboards are permitted within the City of Sebastian witkin any
commercial marina within the city limits that maintains moorings and/or slips at
docks for transient live-aboards, to encourage the use of the waterways of the
city and to promote an increase in the economic base of the community provided
the following conditions are met:
i. All such facilities shall provide litter receptacles and marine sanitation pump-
out facilities as required by the Federal Environmental Protection Agency
and the Florida Department of Environmental Protection.
ii. Such facilities may make available to users of offshore moorings a dock
expressly for the purpose of accessing said moorings by dinghy or other
small vessel; and may charge a reasonable price for the use of said dock.
iii. Such facilities shall maintain records of all such moorings of transient live-
aboards.
('bj).Boat limitations.on oit)' ~vaten~)~, Only boats powered by electric motors or by
an internal combustion casino not exceeding throe horsepower tlmt is-operated in
accordance with tho specifications of tho manufaotaror, canoes ancl patldl~-bo~t.c ma0'
na-dgate local water, rays, canals and takes within tho city limits of Sebastian. The
Sebastian River and the Indian River Lagoon arc o~mludod from fhi~ostriotion.
[Note: transferred to sec. 110-36 and amended]
Section 2. That the Code of Ordinances, City of Sebastian, Florida, section
110-35 is hereby amended to read as follows:
Sec. 110-35. ComplianCe with state rules and regulations governing boats.
All operators of watercraft are hereby charged with knowledge of and
compliance with all rules and regulations of the state governing the licensing,
operation and title certification of boats, including F.S. chs. 327 and 328, as
amended. Under no circumstances _shall any y~s,sel anchor or moor in. areas thi!t
have been determined by the Florida Devartment of EoYironmental Protection as
protected areas for wildlife and pliers life in the submer~ged lands.
Section 3. That the Code of Ordinances, City of Sebastian, Florida, section
110-36 is hereby amended to read as follows:
Sec. 110-36. Speed restrictions; water ~lding and similar activities
prohibited in certain areas.
(a) It shall be unlawful for the operator of any watercraft to operate such
watercraft at a speed greater than "slow-down minimum wake" as defined by
Florida law, at all times such boat is within 150 feet of a bridge, dock, pier,
wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or
lake, or is at a place in the Sebastian River or Indian River which has a distance
from shore to shore which is 300 feet or less.
Co) Water skiing, aquaplaning or similar activities are prohibited utilizing any
watercraft within 300 feet of any bridge, dock, pier, wharf, mooring or
launching area, or upon any lagoon, bay estuary, canal or lake within the
corporate limits of the city.
(c) ExcepI ;for ..vessels performing: a go,erin, em~l. f2u~ _nctio~ boats powered
by an internal combustion, engine may not operate upon local.walerways, canals
and lakes within the city limits, of S~eb. agiaxi, however, the Sebasti~. Rj'ver and
t. he_ [~diao.._~y_.er~Lagoon are excluded from this r~trictio~
Section 4. That the Code of Ordinances, City of Sebastian, Florida, section
110-37 is hereby amended to read as follows:
Sec. 110-:57. Excessive noise.
No operator or owner of a watercraft shall cause or allow excessive noise
in the operation or use of watercra~ or equipment thereon, including blowers,
machinery, motors, horns, etc., on board any watercraft in violation ~e nuisance
provisions ofo,haptor 16 et acct. of this Code.
Section 5. That the Code of Ordinances, City of Sebastian, Florida, section
110-41 is hereby amended to read as follows:
Sec. 110-:58. Health and sanitation rules; disorderly conduct, etc.
All persons on board any watercraf~ located upon any waterway within the
city limits shall comply with all health and sanitary rules or regulations of the
city, and all ordinances of the city relating to the conduct of persons, including
acts contrary to health, safety, morals or public peace, and including ordinances
prohibiting disorderly conduct or loud or boisterous noises which disturb the
peace. Al! watercraft utilizing the waters of the city sb~all be maintained in a
seaworthy condition, except wh~en in..i~_p..ermitted re. pair area.
Section 6. That the Code of Ordinances, City of Sebastian, Florida, section
110-41 is hereby amended to read as follows:
Sec. 110-41..Repairing of. Reserved.
Only minor rcpai, m and/or maintonanoe of watororaft in residential
areas io permitted and o~ly when suob repairs or maintonanoo is
performed i~~ the poraon who is b~t-h tho owner (or tenant-) ortho real
property qmc[ owner of tho wat~r-oraf~, or at his dirootien. [Note:
transferred to sec. 54-2-7.8(b)]
Section 7. That the Code of Ordinances, City of Sebastian, Florida, section
110-42 is hereby amended to read as follows:
Sec. 110-42. U~ing as plate of-buoine0~. Reserved.
No watororm°t moored or dookod on-any of the p~btioly dodioatod
,,~tor~,ayc in tho oit~ shall bo used as a plaoo v&ore any sales or sor~qoos
of any typo whatsoo¥or-are oonduot~d; provided, howry,,or, that thi~
prohibition shall not upply to sales and oor,,ioos ~,,~ually rendered by
ohartor fishing boats or-sightsooingJoootc lioonaod bO' tho oity.
Section 8. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 9. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or Unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 10. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its adoption by the City Council.
The
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of
July, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Malo, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
ORDINANCE NO. O-01~14
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO REQUIRING AND COLLECTING PERMIT FEES FROM PROV'fl)ERS
OF COMMUNICATIONS SERVICES AND INCREASING THE .LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING, FOR INTENT;
PROV]])ING FOR ELECTION NOT TO REQUIRE AND COLLECT
PERMiT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL
COMMUNiCATIONS SERVICES TAX; PROVIDING FOR NOTICE TO
THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABIL1TY;
PROVIDING AN EFFECTIVE DATE.
WitEREAS, section 337.401(3)(e)1., Florida Statutes (2000), requires each municipality
to make an election regarding the payment of permit fees by providers of communications
services and further requires each municipality to inform the Department of Revenue of the
election by certified mail by July 1, 2001; and
WHEREAS, a municipality ~may require and collect permit fees from any providers of
communications services that use or occupy municipal roads or rights-of-way for the provision
of communications services. However, to ensure competitive neutrality among providers of
communications services, a municipality that elect~ to exercise its authority to require and collect
permit fees will have an automatic reduction in the rate of the local communications services tax
for the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as
amended, by a rate of 0.12%; and
WHEREAS, alternatively a municipality may elect not to require and collect permit fees
from any provider of communications services that uses or occupies municipal roads or rights-
of-way for the provision of communications services. If the municipality elects not to require
and collect permit fees, the total rate for the local communications services tax as computed
under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may
be increased by ordinance by an amount not to exceed a rate of 0.12%; and
WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature
further amends section 337.401(3)(c)1., Florida Statutes (2000), to state that the Department of
Revenue must be informed of a municipality's election by certified mail postmarked on or before
July 16, 2001; and
W~REAS, section 34, Enrolled CS/CS/SB 1878 by the 20001 Florida Legislature
further provides that if a municipality elects not to require and collect permit fees from any
provider of communications services that uses or occupies municipal roads or rights-of-way for
01:
the provision of communications services, the total rate for the local cormuunications services
tax as computed under section 202.20(1) and (2), FlOrida Statutes (2000), as amended, for that
municipality may be increased by ordinance or }esolution by an amount not to exceed a rate of
0.12%. The bill .further provides if a municipality elects to increase its rate effective October 1,
2001, the municipality shall inform the Department of Kevenue of such increased rate by
certified mail postmarked on or before July 16, 2001; and
WliEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides that if a
municipality does not make an election and holily the Department of Kevenue, it is presumed
that the municipality elects not to require and collect permit fees from any provider of
communications services that uses or occupies 'municipal roads or rights-of-way for the provision
of communications services, and such municipality will be authorized to increase its tax rate by
an amount not to exceed a rate of 0.12%; and ~
Wlt-EREAS, whatever election.the muniI:ipality makes, such election shall take effect on
October 1, 2001. ~
NOW, TItEREFORE, BE IT ORD, iINED BY ~ CITY OF SEBASTIAN,
FLORIDA AS FOLLOWS:
SECTION 1. Intent.
It is the intent of the City of Sebastian to! make an election under section 337.401(3)(c)1.,
Florida Statutes (2000), as amended by section 314, Enrolled CS/CS/SB 1878 by the 2001 Florida
Legislature, regarding the City of Sebastian's decision on whether to tequke and collect permit
fees from any providers of communications services that use or occupy municipal roads or
rights-of-way for the provision or-communications services.
SECTION 2. Election Not to Require and Collect Permit Fees.
The City of Sebastian elects not to requffe and collect permits fees from any provider of
communications services that uses or occupies rr/unicipal roads or rights-of-way for the provision
of communications services. As provided in section 337.401(3)(c)1.,. Florida-Statutes (2000),
this election shall take effect October 1, 2001.
SECTION 3. Election to Increase Local Communications Services Tax.
Pursuant to section 337.401(3)(c)1.b., FlOrida Statutes (2000), as amended by section 34,
Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, the City of Sebastian elects to increase
its total rate for the local communications services tax as computed under section 202.20(1) and
(2), Florida Statutes (2000), as amended, by an amount of 0.12%, and this election shall take
effect October 1, 2001.
SECTION 4. Notice to the Department of Revenue.
The City Council of the City of Sebastian directs that notice of the above elections be
provided to the Department of Revenue by certified mail by July 16, 2001, as provided in section
34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature.
SECTION 5. Severability. '
The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent
that this Ordinance shall stand nofwithstanding the invalidity of any part.
SECTION 6. Effective Date.
The effective date of this Ordinance shall be immediately upon its passage by the City
Council of the City of Sebastian.
The foregoing Ordinance was moved for adoption by
The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
The Mayor thereupon declared this Ordinance duly passed and adopted this 11t~ day of July,
2001.
Councilmember
and,
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian 0nly:
Sally A. Maio, CMC
City Clerk
Rich Stringer, City Attorney
MEMORANDUM
FLORIDA
To: i City Managers
City Attorneys
From:
Subject:
Kraig A. Corm, Deputy General Counsel
John Wayne Smith, Associate Director, Legislative Affairs
Model Fee Ordinance for TelecOmmunications Companies Occupying
Municipal Rights-of-Way for Telecommunications Facilities and Timeline
Date:t~, May 24, 2001
Attached for your review is a Model Fee Ordinance for Telecommunications Companies
Occupying Municipal Kights-of-Way for Telecommunications Facilities ("Model Fee
Ordinance"). Included with the Model Fee O~inance is an Introduction explaining how and
why the ordinance was produced.
In.summary, under the provisions of the new Communications Services Tax Simplification Law,
CS/CS/SB 1878, the Florida League of Cities believes each municipality should consider
adopting as many as 2 different ordinances. Thc
explained in the Introduction. The second ordi:
communications companies' placement and mai~
of-way.
first ordinance is the Model Fee Ordinance, as
aance would be a general ordinance regulating
ttenance of communications facilities in rights-
Also, included in the package in the package is a timeline for cities to follow for implementing
the tax changes, summary of major changes to fights-of-way provisions, Model Rights-of-Way,
and a copy of CS/CS/SB 1878.
If you have any questions on the Model Fee C
contact me or John Wayne Smith at 850-222-968
KAC/srh:
rdinance, please have your municipal attomey
Enclosures
301 South Bronough, Suite 300, Post Office Box 1757, Tallahassee, FL 32302-1757
Telephone (850) 222-9684, Suncom 278-5331 ,iFax (850) 222-3806 e Internet: www.flclties.corn
MODEL MUNICIPAL RESOLUTION/ORDINANCE FOR AN ELECTION
NOT TO REQUIRE AND COLLECT PERMIT FEES FROM ANY
PROVIDERS OF COMMUNICATIONS SERVICES THAT USE OR
OCCUPY MUNICIPAL ROADS OR RIGHTS-OF-WAY FOR THE
PROVISION OF COMMUNICATIONS SERVICES AND TO ELECT TO
INCREASE THE LOCAL COMMUNICATIONS SERVICES TAX
FLORIDA LEAGUE OF CITIES
MAY 16, 2001
INTRODUCTION
This is a Model Municipal Resolution/Ordinance for an election not to require and collect
permit fees from any providers of communications services that use or occupy municipal roads
or rights-of-way for the provision of communications services, and for an election to increase the
local communications services tax by 0.12%. EaCh municipality and county is required to make
an election regarding permit fees under section 337.401(3)(c),-Florida Statutes (2000), and notify
the Department of Revenue. Current law states that the Department of Revenue must be notified
of the election by certified mail postmarked on or before July 1, 2001. This date is changed in
section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature to July 16, 2001. A copy
of section 337.401, Florida Statutes (2000), and a copy of the pertinent sections of Enrolled
CS/CS/SB 1878 are attached for your review.
AS OF THE DATE OF TIlE PRINTING OF THIS MODEL
RESOLUTION/ORDINANCE, ENROLLED CS/CS/SB 1878 ltAD NOT YET BEEN
ACTED UPON BY THE GOVERNOR. WHILE IT IS UNLIKELY, ~ GOVERNOR
COULD VETO THIS BILL. IF THE GOVERNOR DOES VETO TltE BILL, TltE
FLORIDA LEAGUE OF CITIES WILL DISTRIBUTE APPROPRIATE NOTICE AND
RECOMMENDATIONS.
If a municipality chooses not to require and collect permit fees, the municipality may
elect to increase the total rate for the local communications services tax as computed under
section 202.20(1) and (2), Florida Statutes (2000), as amended, by resolution or ordinance by an
amount not to exceed a rate of 0.12%. Section 337.401(3)(c)1.b., as amended by section 34,
Enrolled CS/CS/SB 1878. The bill further provides that if a municipality elects to increase its
rate effective October 1, 2001, the municipality must inform the Department.of Revenue of such
increased rate by certified mail postmarked on or before July 16, 2001.
if your municipality elects to require and collect permit fees from any providers of
communications services that use or occupy municipal roads or rights-of-way for the provision
of communications services, you may still use t~e format of this Model Resolution/Ordinance,
making the necessary substantive changes to the provisions of the Model. However, if your
municipality elects to require and collect permit fees, your municipality must abide by the permit
fee restrictions provided in section 337.401(3)(c)1.a., Florida Statutes (2000), including, for
example, a cap of $100 per permit. In addition, your municipality's local communications
services tax rate shall be automatically decreased by 0.12% (Section 337.401(3)(c)1.a.). Thus,
the determination of whether to impose permit f~es is one with financial implications that should
be considered by your municipality in making a d6cision
As noted, this Model Resolution/OrdinanCe is designed for a municipality that elects not
to require and collect permit fees and desires t6 increase its rate for the local communications
services tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended,
by the full amount of 0.12%. However, if your imunicipality chooses not to require and collect
permit fees, it may choose to increase its tax rateiby any amount up to 0.12% or may choose not
to increase its tax rate at all. The tax increase is e~tirely at your municipality's option.
NOte that section 35, Enrolled CS/CS/SB 1878 further amends section 337.401, Florida
Statutes, effective October 1, 2001. The bill creates new paragraphs (j) and (k) of subsection
337.401(3) to state that a municipality may change its election regarding requiring and collecting
permit fees on an annual basis, but certain restrictions must be followed.
A certified copy of your municipality's iResolution or Ordinance on permit fees and
any tax increase should be sent by certified mail postmarked on or before July 16, 2001 to:
Revenue Accounting - Communications Services Tax, Florida Department of Revenue,
Post Office Box 6609, Tallahassee, Florida 323:}9-6609.
City of Sebastian, Florida
Subject: Ordinance O-01-15;
Recreational impact fee
AGENDA TRANSMITTAL
Agenda No. 01.1 5 7
Date Submitted: 7/3/01
For Agenda of: 7/11/01
SUMMARY:
The City Comp Plan has adopted levels of service for various recreation facilities. It is the policy
of the state of Florida, and through adoption of comprehensive plans, the municipalities, that
growth pay for its own impacts on public facilities. In the past the City has approved new
development without requiring dedication of recreation facilities because of the inventory of park
land that the City maintains. This ignores two key points:
1. It allows new development, piece-by-piece, to lower the current standards
enjoyed as a result of the resources generated by the efforts of existing
residents.
2. While we have "park lands", we do not have parks due to lack of funding to
improve these vacant tracts.
Some highly visible sample tracts that could be improved to provide Neighborhood Parks include
the block at Barber/George Street or the tract at Barber/Filbert; there are many more examples
throughout the City identified in the Comp Plan, all owned by the City as designated park lands.
Estimates of the construction costs of the requisite facilities have been obtained from our own
past projects and from surrounding agencies. Additionally, land values for tracts around the City
that meet the park land requirements have been averaged.
Because General Development conveyed numerous park tracts to satisfy any future dedication
requirements for development of the Highlands, a proportional credit for the land acquisition
costs must be given to units in the Highlands. Additionally, a system is provided for situations
where the City and developer agree that it would be best for land or facilities to be provided
directly from the developer in exchange for credits against the impact fee.
The recommended effective date gives some time for contracts legitimately in the final stages to
get a permit before the fee kicks in, but should prevent a mad rush of applications thrown-
together just to beat the fee.
Since funds must be expended in a way that offsets impacts of new development, any
expenditures for neighborhood, as opposed to community-wide, facilities must occur where the
funds originated within one of four zones established by the ordinance. These zones are roughly a
cross-section of the City running north-south along Fleming Street and the Collier Waterway, and
east-west from CR512 over to the top of Schumann Lake.
These revenues are earmarked and can only be us~ for acquisition, construction and upgrades that
enhance the level of service provided for recr~
replacement, no administrative/personnel costs.
$178,000.
RECOMMENDED ACTION:
Adopt Ordinance O-01-15.
AUTHORIZED PLACEMENT ON AGENDA
,ational uses. No maintenance, no repair and
.stimated first year revenues are approximately
CITY MANAGE~~~.~.
ORDINANCE NO. O-01-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; AMENDING
CODE'OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE IH
RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WItEREAS, the City Council finds that growth should pay for its own impacts
rather than burdening the resources of the existing citizenry; and
WItEREAS, the City Comprehensive Growth Management Plan adopts levels of
service for various parks and recreational facilities; and
WitEREAS, the City Council has determined that it is the public interest to
require new development to provide facilities equivalent to the adopted levels of service
even in areas where sufficient capacity exists because it is unjust to the citizenry to allow
new growth to lower existing standards that are above the minimum requirements of the
City; and
WItEREAS, the City Council finds that under existing market conditions, and
based upon the statistical average of 2.52 residents per household as set forth in the
Comprehensive Plan, it is a fair estimate that the cost to meet the levels of service for
land acquisition is $325 and for facility construction is $650 per household; and
WItEREAS, pursuant to that certain action styled in re General Development
Corporation, et al, Case No. 90-J223]-BKC-AJC, United States Bankruptcy Court for
the Southern District of Florida, conveyances of land were made to the City in
satisfaction of any future requirement to dedicate land for park use in the development of
Sebastian Highlands; and
WltEREAS, a funding source is needed to develop this inventory of unimproved
park land as well as future park acquisitions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create Chapter 74, Article III Recreational Impact Fee beginning with
section 74-50 which shall read as follows:
Sec. 74-50. Fee required.
The payment of a fee to the city in the amount of $975 to be used for the
acquisition, expansion, construction and provision of city recreational
facilities shall be required as a conditior~ of the issuance of a building permit
for any newly constructed dwelling unit of any kind. A dwelling unit shall
be considered newly constructed whether it is constructed on a vacant lot or
parcel, is the reconstruction or renovation of a building that was not
previously occupied as a dwelling unit of any kind, or whether it is an
additional dwelling unit added to a lo4, parcel, tract of property, thereby
increasing the total number of dwelling Units to two (2) or more.
Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 74-51 which shall read as
follows:
Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court
Order.
Pursuant to the Settlement Agreement and Order in Case No. 90-12231-
BKC-AJC of the United States Bankruptcy Court for the Southem District
of Florida, the fee for lots developed ptlrsuant to the plats of the Sebastian
Highlands Units 1-17 shall be $650, which represents a credit of $325 for
the pro-rata amount of the impact ~'ee attributable to costs of land
acquisition under the level of service stahdards of the Comprehensive Plan.
Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 74-52 which shall read as
follows: '
Sec. 74-52. Credit for the dedication fif land for active recreation uses.
Upon the dedication of two (2) or mor~ contiguous acres of land to the city
as hereinafter set forth, a developer shall receive a credit against the fee
otherwise required to be paid pursuant, to this article. The credit shall be
applied as follows:
(1) The credit shall become effective upon city council acceptance
of the dedication of the land. Said land shall not be accepted by the city
council unless it finds the land to be suitable for public park or active
recreation purposes. In determining the suitability of the land for such
purposes, the city council may consider all factors and variables affecting
such suitability, including, but not limited to:
a. Access from paved public streets.
b. Size.
c. Fair market value.
d. Physical characteristics and qualities.
e. Proximity of the land to other recreation facilities.
f. Availability of city funds to construct facilities on the land.
g. Conformance with the city's comprehensive plan.
Conservation lands required as a condition of development approval by
regulatory agencies shall not be eligible for impact fee credits.
(2) The fair market value of the land to be dedicated shall be
established by a formal MAI appraisal which is acceptable to the city. The
appraisal shall be provided by the developer at his expense. The developer
shall provide the City Manager or his designee with detailed plans and
specifications of any improvements and facilities to be constructed
thereupon, including estimates and information as to costs, and the city shall
make a determination as to the credit available for such construction.
(3) The land shall be dedicated to the city in fee simple, and
shall be free of any liens or encumbrances.
(4) The credit shall be calculated as a ratio of the fair market
value of land dedicated, plus the value of any facilities constructed
thereupon by the developer, divided by the total recreational impact fee
required to be paid. The fee required to be paid pursuant to this article shall
be reduced by the percentage of credit determined by the above formula.
(5) Recreation impact fees credited to a developer, for
dedications and improvements eligible for impact fee credits, shall be
provided on a lot by lot basis. The impact fee amount shall be reduced
equally for each lot or in the case of multi:family residential projects each
dwelling unit, within the development by assessing the total impact fee per
lot or unit minus the proportionate share of the credit applied to each lot.
(6) If the percentage of credit is one hundred (100) per cent or
more, no fee shall be required to be paid. Any dedications valued in excess
of the total projected impact fee due for the project shall result in an impact
fee credit in favor of the developer, which shall be assignable and shall
remain in effect for a maximum often (10) years. Such excess credits may
be used anywhere within the City if arising from the dedication of a
Community Park facility. However, credit arising from dedication of
Neighborhood Park facilities may only be utilized within the recreational
zone in which the development containing the dedicated facility is located.
(7) A recreation impact lfee agreement shall be provided
governing credits and payment of fees. i Such agreement shall be acceptable
to the city attorney and city manager, and shall be recorded.
Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 74-53 which shall read as
follows:
Sec. 74-53. Time of payment.
The fee required by this article shall be paid at the time the building
permit is issued for each dwelling unit. :
Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to. create a new section to be numbered section 74-54 which shall read as
follows:
Sec. 74-54. Establishment of Recreation Zones
The City shall be divided into fohr (4) recreational zones which shall
function as service areas for Neighborhobd Park facilities as follows:
Zone ,d - Begin at the intersection of centerlines of Fleming Street
and CR 512; thence follow centedine of Fleming Street north to Main
Street; thence follow centerline of Main Street northeast until it intersects
with the perpendicular extension of thellot line between Lots 3 & 4, Block
12, Sebastian Highlands Unit 1; theace follow said extended lot line
through to the boundary of Roseland ~atellite Airfield Tract 1 (Sebastian
Municipal Airport); thence follow alogg said boundary to the west and
north, and continue along the same as i~ becomes the boundary to Roseland
Satellite Airfield Tract 3, continuing as the same line becomes the City
Limits; thence follow said City Limits tO the west and around until the same
intersects with CR 512; thence follow northeast along the centerline of CR
512 to the Point of Beginning.
Zone B - Begin at the intersection of centerlines of Fleming Street
and CR 512; thence follow centefline of Fleming Street north to Main
Street; thence follow centerline of Main Street northeast until it intersects
with the perpendicular extension of the lot line between Lots 3 & 4, Block
12, Sebastian Highlands 'Unit 1; thence follow said extended lot line
through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian
Municipal Airport); thence follow along said boundary to the west and
north, and continue along the same as it becomes the boundary to Roseland
Satellite Airfield Tract 3, continuing until said line intersects with the City
Limits along the northwest comer of the former St. Sebastian PUD; thence
follow said City Limits to the northeast and around until the same intersects
with the boundary between Sections 7 & 18; thence follow west along said
section line continuing as it becomes the boundary between Sections 12 &
13 until the same intersects with the centerline of CR 512; thence along said
right-of-way to the Point of Beginning.
Zone C -Begin at the point the City Limits intersect the boundary
of Sections 7 & 18 from the north; thence follow said City Limits east and
around south until the same intersects with Powefline Road; thence follOw
the centefline of Powerline Road north to Barber Street; thence follow
Barber Street to the west and north to the centefline of the Elkam
Waterway; thence follow the centerline of the Elkam Waterway east to
mouth of the Collier Waterway; thence follow the Collier Waterway to the
point it intersects with the boundary of Sections 12 & 13; thence follow east
along said section line, continuing as it becomes the boundary of Sections 7
& 18 to the Point of Beginning.
Zone D - Begin at the point the boundary of SectiOns 12 & 13
intersects the centefline CR 512; thence follow said section line east to the
point the Collier Waterway intersects the same from the south; thence
follow the centerline of the Collier Waterway until it intersects with the
Elkam Waterway; thence follow the centefline of the Elkam Waterway to
the west to the centerline of Barber Street; thence follow the. centefline of
Barber Street to the south and east to the intersection with Powefline Road;
thence follow the centefline of Powerline Road south to the City Limits;
thence follow the City Limits to the west and around to the north to CR 512;
thence follow along the centerline of CR 512 to the northeast to the point of
beginning.
Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby
amended to create a new section to be numbered section 74-55 which shall read as
follows:
Sec. 75-55. Use of fees paid. '
/
The fees paid pursuant to this a~ticle shall be segregated and held in
trust by the city in its recreation trust fund. The city shall maintain records
of monies collected adequate to determine the amount contributed to the
fund from each particular development. The funds collected from any
development shall be used only to acquire, construct or provide recreational
improvements or facilities, but may not be used on a Neighborhood Park
facility located in a different Recreation Zone than the one containing the
originating development. The city shall maintain records of all funds
expended and the purposes for which they were expended. Funds must be
encumbered for a qualifying project i within seven (7) years of being
collected.
Section 7. CONFLICT. All o~dinances or parts of ordinances in conflict
herewith are hereby repealed. ~
Section 8. SEVERABILITY. Ia the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that ithe City Council would have enacted the
remainder of this Ordinance without said inYalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 9. EFFECTIVE DATE. i This Ordinance shall take effect August 1,
2001, following its adoption by the City CoUncil. Complete and proper building permit
applications submitted prior to the effective date shall not be assessed the fee, however,
the fee shall become due upon filing any supplemental information for the application or
for any extension of a pre-existing building permit.
The
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of
July, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
only:
Approved as to form and legality for
reliance by the City of Sebastian
Rich Stringer, City Attorney
HO~: OF PF~IC, AIq
City of Sebastian, Florida
Subject: Second reading for Ordinance No.
O-00-05, a large-scale amendment to the
comprehensive plan which amends the
future land use map to Industrial (IN) for
certain property located adjacent to Dale
Street just South of Gibson Street along the
far Northern City limits, containing 14.85
acres more or less.
Agenda No. 01.17 2
Department Origin: Orowth Management
Date Submitted: July 02, 2001
For Agenda of: July 11, 2001
ApC~/'0r Sub~~
Exhibits: O-00-0~', Application for Comprehensive Land Use Change, Location Map, Staff Report and P&Z
recommendation.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
C.N.K. Inc. has submitted an application for a large-scale amendment to the comprehensive plan,
which amends the future land use map to Industrial (IN), from Low Density Residential (LD) for 14.85
acres of land. The property in question is adjacent to Dale Street just South of Gibson Street along the far
Northern City limits, via Roseland Road access. The property owner previously requested re-designation
of the land use to LD and zoning to RE-40 to accommodate residential/equestrian use. However, the
owner now wishes to change the land use designation to IN to accommodate a proposed Styrofoam
manufacturing facility. A Habitat Conservation Plan/Scrub Jay Habitat area lying within the corporate
limits of the City of Sebastian surrounds 10 acres of the subject property. The remaining 4.85 lies
adjacent to residential/mixed use property lying within unincorporated Indian River County.
Attached you will find an application for comprehensive land use change, a detailed staff report and a
location map. Additional attachments include the transmittal letter to the Department of Community
Affairs (DCA), the DCA Objections, Recommendations and Comments report, along with a series of
letters addressing the concerns that were raised within said report, and the new school siting criteria
language as requested by DCA. ~
The planning and zoning commission recommended approval of this comprehensive land use change at
their regular meeting on January 20, 2000. Furthermore, the City Council passed the first reading of
Ordinance No. O-00-05 at a public hearing held on February 23, 2000.
RECOMMENDED ACTION
Hold a second public hearing and second reading of Ordinance No. 0-00-05.
ORDINANCE NO. 0-00-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE
COMPREHENSIVE PLAN WHICH! AMENDS THE FUTURE LAND
USE MAP TO INDUSTRIAL uSE (IN) FROM LOW-DENSITY
RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES,
MORE OR LESS, BEING LOTSi 16, 27 AND 28, SECTION 30,
FLEMING GRANT; AUTHORIZING FINDINGS AND
ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS;
PROVID~G FOR SEVERABILiTY; AND PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Council has considered the application of the C. N. K., Inc., for an
amendment to change the land use for certain property, as reflected on the Future Land Use Map
from LD (Low-Density Residential) to IN (IndUstrial Use); and
WHEREAS, the City Council has coniidered the criteria identified in Section 20A-
l 1.8(c) of the Land Development Code and Fl6rida Statutes together with the findings and
recommendations of its staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has prox~ided notice of the proposed Plan Amendment and
has conducted the required public hearings to receive citizen input; and
WHEREAS, the City Council has cons
Comprehensive Land Use Plan; and
!WHEREAS, the City Council has dete
Comprehensive Land Use Plan, are consistent ~
development goals of the City of Sebastian.
idered the applicable provisions of the existing
:mined that the proposed changes in the City
vith the existing comprehensive plan and the future
NOW, THEREFORE, BE IT ORDA [NED BY THE CITY COUNCiL OF THE
CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AFFECTED PROPERTY. The small scale amendment to the
Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following
described real property, now lying and being within the incorporated area of the City of Sebastian,
indian P, Jver County, Florida:
Lots 16, 27 and 28, Section 30, Fleming Grant, (as subdivided by he
Carter Survey as recorded in filed in Plat Book 2 Page 11 of the
Public Records of Brevard County, Florida, and A.A. Berry's Plat as
recorded in filed in Plat Book 2 Page 25 of the Public Records o£
Brevard County, Florida).
Section 2. DESIGNATION. The Comprehensive Plan Future Land Use
Map shall be amended to IN (Industrial Use) for the affected property as described in
Section 1, above.
Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified
copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon passage at first
reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take effect upon
issuance of a Notice of Intent by the Florida Department of Community Affaks finding the
amendment herein in compliance.
ADOPTION
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk !
Councilmember Edward J. MajCher, Jr.
Councilmember James Hill ~
and, upon being put
day of
The Mayor thereupon declared this On
,2001.
ATTEST'
Sally A. Maio, CMC
City Clerk
linance duly passed and adopted this __
CITY OF SEBASTIAN, FLORIDA
By:
Walter Barnes, Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
PASSAGE UPON FIRST READING
The foregoing Ordinance was moved for passage upon first reading by
Councilmember ~d/~~ . The motion was seconded by Councilmember
~..~/L~ and, upon being put to a vote, the vote was as follows:
Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Walter Barnes
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
Kathryn M~a~,~C/AAE
City Clerk
ADOPTION
Ordinance was moved for adoption by Councilmember
The seconded by Councilmember
to a vote, the vote follows:
being put
Mayor
Councilmember Joe
Barnes
Ben A. Bishop
Cc Edward J. Majcher, Jr.
See next
pursuant
page - change of City Council members
to March 2000 and 2001 elections.
City ofSebastian
Development Order Application
~Applicant (If not ow. ner, written authorization (notarized) from owner is required)
Name: ~.// I ~'/'I ~
Address:
Phone Number: (~-&l)0~'~' '.j-~¢' ~-/7
E-Mail:
Owner (If different from applicant)
Address: '
Phone Numbe~ (~ ~ F~ Numbe~
Permit Application No.
( )
,I' Type of permit or action requested: /-,J~-~ ~ U,.¢~'- I~ ~
PLEASE COMPLETi= ONLY THOSE $[C, TtONS WHICH ARE N[C;F.,~SARY FOR THI= PERMIT OR AOTION THAT YOU AR[ RE. QUBSTING.
COPIES OF Abb MAPS, 8URVI:ys, DRAWINGS, ETC. SHALb BE ATTAOHED AND 81/?" BY 11 ' COPli:'.q OI= ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM.
---'% .J A. Project's Name (if applicable):
B. Site Information
Address:
"Lot:-f Block:
Indian Rzver County Parcel #:
-Zoning Classification:
Existing Use:
Unit: Subdivision: _
Future Land Use:
· C. Description of proposed activity and purpose of the
DATE RECEIVED: l ~._~./o~g'-/_.~
Form CD-2001
LApp-roved: 08127197 ~ Revision:
requesmd permit or a~'tion (~tta¢l~ extra sheets if
FEE PAID:
RECEIVED
Development Application
File Name: Doa
Project Personnel:
Agent:
Name:
¢
Address
Phone Number:. (~ / )
'E-Mail;
Attorney:
Name:
Address
Phone Number. (4% / )
E-Mail:
Engineer:
Name:
Addre~
FAX Number:, (.r~/),~_¢ ¢/'
Permit Application No.
FAX Number. (
Phone Number: ( ) - FAX Number.' ( ) -
E-Mail:
Surveyor:
Address
Phone N~mben
E-Mail:
l, ~-~ . ~<~(J~l~'- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: . I AMTHEOWNER.XI,,
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH~ SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKE.TOHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE
DATE
WHO I;~4;;~RSO~I. LY KNOIA/N TQ4~IE OR PRODUCED
AS IDENTIFICATION, THIS .~
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./ExPIRATION
SEAL:
Form CD-£O0'I
Ap~oroved: 08/27197
.... DAY OF bL--~
J Revision: - J File Name: Dca
Permit Application No.
The following is required for all comprehensive plan amendments~ zoning amendment
(including rezoning), site plan$~ conditional use permits, special use permits, variances,
exceptions~ and. appeals.
IJ~VE, ~ THE OWNER(S) _~THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION; HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD'/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY
~ERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/~/VE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE ~IAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARDJCOMMISSION ME~MBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE F:LORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE ~/IOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUh
PROMISES MADE, BY ANY' EMPLOYEE, AGENT, CONTRACTOR OR
$1GNATUR~ / / : '
TARILY AND NOT AS A RESULT OF ANY COERCIQN APPLIED, OR
OFFICIAL OF THE CITY QF SEBASTIAN.
DATE
Sworn to and subscribed before me by C3.
who is ~..~.o~al'iy kaewn~to~ me or produced.
as identification, this ~'~, da~gg.f_ ,O~::. ,,
Commission No./Expiration ~
~,.L,.~_ ,~ ~.' ,~ ~,
IForm CD.200'I
· Approved: 08/27/97
f Revision: Pave 3 of 3
Development Application
File Name: Doe
Permit Application No.
Supplemental Information
Comprehensive Plan Amendment (Land Use)
ATI'ACH ADDITIONAL PAGES IF NECESSARY;
1. Current land use map designation:
__ 2. Proposed ~and use map designation': ~% 4'~,~ ¢~¢/~/~
I ' 3. Size of project in acres:
Describe the impact of the proposed change on the other elements of the
comprehensive plan and applicable ordinances of the City. //V/~
Is the proposed amendment consistent with
comprehensive plan? If not, which one(s)?.
the other elements
of the
is the proposed amendment in conformance with applicable substantive
requirements of the city of Sebastian Code of Ordinances? If not, which
one(s)? 2~j
Form CD-2008
Approved: 8/27/97
J Revision:
Page ~ of 3
Comp. Plan Amend. (Land j
-File Name: Sicpalu
,.
What land use and developmen'
Permit Application No.
changes have occurred since the effective
date of the comprehensive plan
amendment? //~/,/~
/
which are relevant to the proposed
Is the proposed amendment compatible with the existing or future land uses of
the city? If not, why not?. 6~¢_.~
9. Are there adequate public facilities to serve the proposed land use? If not,
which one(s) are not adequate? ~/~c/
· 10. Would the proposed amendment result in a sighificant adverse impact on the
natural environment? If so, describ~
the impact. Z/~E~ .
F°rm CD-2008
Approved: 8/27/97
Revision:
Page 2 of 3
Comp. Plan Amend. (Land
Use)
File Name: Sicpalu
Permit Applicaton No. _
11. Would ~e proposed amendment adversely affect the property values of the
area, the general health, safety and welfare and impact the financial
resources of the city? If so, describe how. //C~ ~
Does the proposed amendment result in an orderly development pattern?
not, describe. , ~-~-_j
.. 13. Attached We following:
__ a, A verified statement showing each and every individual person having a
legal and/or equitable ownecship interest in the subject property except
publicly held corpocations whose stock is traded on a nationally
recognized stock exchange, in which case the name and address of the
co~omfion and principal executive officers will be sufficient.
b. Attach a list of the names and addresses of all owners of parcels cf real
property within three hundred (300) feet of the parcel to be considered.
c. A survey and legal description of the prope~7 for whiCh the land use
amendment is being requested. _ _
Form
Approved:
t Page 3 of 3 Comp. Plan Amend. (Land
-Revisi~n: - - File Name: Si~lu
LEGEND
FUTURE LANO USE
~ERC~ Sit m
m
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i
',
torino G,.ageno ,4789 Ke,d Ly~n D~'. ,,k~pl~, FL 3Z7'1 ;~ (40'7) 888-6773 E-fa-il:
flOM~ OF PEJJC.~,N ISLRND
Growth Management Department
Comprehensive Plan Amendment Application
Staff Report
1. Project Name:
2. Requested Action:
3. Project Location
a. Address:
b. Legal:
C.
4. Project Owner:
C.N.K. inc.
Land Use Change from LD to IN
Lots 16, 27, 28 Fleming Grant
Indian River County Parcel Number: 00-30-38-00001-0300-00016.0
Project Agent:
Project Engineer:
Project Surveyor:
Project Description
a.
Charles Day Sembler
1731 Indian River Drive
Sebastian, Florida 32958
(561) 589-5142
C.N. Kirrie
12855 79~ Avenue, P.O. Box 144
Roseland, Florida 32957
(561) 589-5547
N/A
Carter & Associates
1708 21't Street
Vero Beach, Florida 32960
(561) 562-4191
Narrative of proposed action: C.N.K. Inc. has submitted.,, an
application for a large-scale amendment to the comprehensive plan,
which amends the future land use map to Industrial (IN), from Low
Density Residential (LD) for 14.85 acres of land. The property in question
is adjacent to Dale Street just South of Gibson Street along the far Northern
City limits, via Roseland Road access. The property owner previously
requested re-designation of the land use to LD and zoning to RE-40 to
accommodate residential/equestrian use. However, the owner now wishes
to change the land use designation to IN to accommodate a proposed
Styrofoam manufacturing facility. A Habitat Conservation Plan/Scrub Jay
Habitat area lying within the corporate limits of the City of Sebastian
surrounds 10 acres of the subject property. The remaining 4.85 lies
adjacent to residential/mixed use property lying within unincorporated
Indian River County.
Current Zoning: RE-40 i
North:
East:
South:
West:
Adjacent Properties i
Zoning Current Land Use Future Land Use
Rose-4 Residen~ialA/acant (County) C-IN
A-1 Residential (County) C-IN
C Vacant (HCP) C
C/Rose-4 Vacant (--ICP) C
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Soil:
(4) Vegetation:
(5) Flood Hazard:
(6) Water Service:
14.85 acres
Vacant
Mykka
Pine, Oak, Scrub, Palm
Zone X
Indian River County Utilities
(7) Sanitary Sewer ServiCe: Indian River County Utilities
(8) Parks: HCP - adjacent
(9) Police/Fire:
Comprehensive Plan Consistency
Sebastian Police - 6 miles
Indian River Fire - 5 miles
a. Future Land Use: Consistent
b. Traffic Circulation: Consistent
c: Public Facilities: Consistent
d. Housing: Consistent
e. Coastal Management: Consistent
f. Recreation and Open Space:l Consistent
2
10.
11.
12.
13.
14.
15.
16.
17.
g. Conservation: Consistent
h. Intergovernmental Coordination: Consistent
Conformance with Code of Ordinances: Consistent
Changed Conditions:
Land Use Compatibility: To the north and east of the parcel lies Industrial
land within unincorporated Indian River County containing a transfer station, and
various industrial-manufacturing facilities. The proposed land use classification
allows similar uses and is therefore compatible with the neighboring land use
classification.
To the south and west of the property lies conservation property for a scrub jay
habitat and future passive recreation facilities. Strange as it sounds, Industrial
uses are compatible and preferable neighbors for such habitats. The proposed
land use allows more intensive uses than the LD residential designation, but is
more compatible with the current land use designations and uses in the
surrounding area.
There will be a negligible impact caused by the proposed land use change due to
the similarity of the existing uses in the area.
Adequate Public Facilities:
The public facilities are adequate for the requested land use change. The
proposed use is not expected to impact existing public facilities.
Natural Environment:
The proposed land use change will not significantly impact the natural resoUrCes.~
Economic Effect:
There will be a greater economic impact created by the land use change. The
existing allows for iow density residential and the proposed will allow high intensity
industrial development, which will create a more significant tax base.
Orderly Development:
The proposed land use change is consistent with the comprehensive plan and
the proposed land use change provides for orderly development 'given the
location of the site adjacent to Industrial property, availability of water and sewer
and convenient access to CR-512.
Public Interest:
· .,,..,:. "i·h~
The proposed land use change is not in conflict with the public interest.
3
18. Other Matters:
19.
The requested land use change and accompanying rezoning will provide
consistency with the future land use map of the comprehensive plan. Access to
Roseland Road will minimize traffic im
The proposed land use change will cr
wastewater, drainage and solid waste
Analysis: C.N.K. Inc. has sub
amendment to the comprehensive pIE
)acts in the area.
~ate a slightly greater impact on the water,
facilities.
~itted an application for a large-scale
~n, which amends the future land use map
to Industrial (IN), from Low Density Residential (LD) for 14.85 acres of land. The
property in question is adjacent to Dale Street just South of Gibson Street along
the far Northern City limits, via Roseland Road access. The property owner
previously requested re-designation o! the land use to LD and zoning to RE-40 to
accommodate residential/equestrian U:e. However, the owner now wishes to
change the land use designation toIN to accommodate a proposed Styrofoam
manufacturing facility. A Habitat ConServation Plan/Scrub Jay Habitat area lying
within the corporate limits of the City of Sebastian surrounds 10 acres of the
subject property. The remaining 4J85 lies adjacent to residential/mixed use
property lying within unincorporated Indian River County.
20,
21.
Conclusion: The requested land use change from LD to IN is consistent with
the Comprehensive Plan, Land DevelOpment Code and Code of Ordinances.
Recommendation: Attached you Will find an application for comprehensive
land use change, a detailed staff report and a location map. The planning and
zoning commission recommended approval of this comprehensive land use
change at their regular meeting on January 20, 2000. Furthermore, the City
Council passed the first reading of Ordinance No. 0-00-05 at a public hearing
held on February 23, 2000.
4
City of Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 FAX (561) 589-2566
March 10, 2000
Mr. Thomas Beck, Director
Florida Department of Community Affairs
Division of Community Planning
Plan Processing Team
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
REFERENCE: Transmittal of "Land Use Amendment Only" to Comprehensive Plan
Dear Mr. Beck:
FLORIDA ADMINISTRATIVE CODE RULE 9J-11.006
This letter and accompanying attachments are intended to satisfy the requirements of Section 9J-
11.006 of the Florida Administrative Code. This proposed amendment does not qualify as an
exemption from the provisions of Section 9J-11.006(1)(a)7.
CHANGE OF LAND USE
At its regular meeting on February 23, 2000, the city Council held a public hearing (transmittal)
and approved the following Ordinance for transmittal to the DeparUnent of Community Affairs:
Ordinance No: 0-00-04:
Approving and Amendment to the Comprehensive Plan which
amends the Future Land Use Map to Industrial Use (12'4) from
Low-Density Residential (LD).
QUESTIONS AND ANSWERS PER SECTION 9&11.006(1), F.A.C.
Section 9J-11.006(1)(a)l.
The Planning and Zoning Commission held a public hearing on
January 20, 2000, on the proposed land use amendment. ' .....
Section 9J-11.006(1)(a) 2.
The City Council held a public heating on February 23, 2000. The
week of March 13, 2000, this department submitted copies to the
Treasure Coast Regional Planning Council, St. John's River Water
Management District, Department of Transportation, D. ep,artment
of Community Affairs, Flor/da Department of State "anS-'tndian
River County Planning Department.
Friday, March 10, 2000
Land Use Amendment
Ordinance No. 0-00-05
Section 9J-11.006(1)(a) 3.
The City of Sebastian requests the Department of Community of
Affairs review the proposed amendment.
Summar2~ C.N.K. Inc. has submitted an appl:cation for a large-scale amendment to the
comprehensive plan, which amends the future land use map to Industrial (IN), from Low Density
Residential (LD) for 14.85 acres of land. The property in question is adjacent to Dale Street just
South of Gibson Street along the far Northern Ci.-y limits, via Roseland Road (CR-505) access.
The property owner previously requested re-designation of the land use to LD and zoning to RE-40
to accommodate residential/equestrian use. However, the owner now wishes to change the land use
designation to 12,I to accommodate a proposed Styrofoam manufacturing facility. A Habitat
Conservation Plan/Scrub Jay Habitat area lying wi~fin the corporate limits of the City of Sebastian
surrounds 10 acres of the subject property. The remaining 4.85 acres is surrounded by Industrial
zoned property lying within unincorporated Inchan River County.
Section 9J-11.006(1)(a) 4. The city anticipates adopting this Ordinance in May of 2000.
Section 9J'll.006(1)(a) 5.
The proposed amen,
State concern.
Section 9J-11.006(1)(a) 6. N/A
irnent is not applicable to an area of critical
Section 9J-11.006(1)(a) 7.
Section 9J-.ll.006(1)(a) 8.
Section 9J-11.006(1)(a) 9.
Section 9J-11.006(1)(a) 10.
The proposed amendment does not qualify as an exemption. The
proposed land use amendment consists of 14.85 acres of land and
will be of an industrial land use designation. ""
The City of Sebastian has submitted the proposed land use: element
to the following agencies: 1) Treasure Coast Regfonal Planning
Council, 2) Indian!River County Planning Deparunent, 3) St.
John's River Water Management District, 4) Department of
Transportation, 5) Department of Environmental Protection, 6)
Florida Department 6f State.
There is no Joint Plmming Agreement.
Tracy E. Hass, Director of Planning and Growth' Management,
City of Sebastian, 1225 Main Street, Sebastian, Florida 32958,
telephone (561) 58945537, fax (561) 589-2566.
Section 9J:ll.006(1)(a)10(b). Attached you will find the following
map:
1. City's adopted Future Land Use Nlap and a drawing indicating the surrounding
street and thoroughfare network. :
Section 9J-11.006(1)(a) 10(b) 2. The aforement oned map also indicates the present land use
designation of the subject property and the abutting
properties FutUre Land Use designation.
Friday, March 10, 2000 2 Land Use'~eadment
Ordinance No.. 0-00-05
Section 9J-11.OO6(1)(a) lO(b) 3.
Section 9J-11.006(1)(a) 10(b) 4.
The subject property is approximately 14.85 acres, more or
less.
The following information is to satisfy the availability of the
demand on the following public facilities:
Sanitary Sewer. Currently the City of Sebastian
has .an interlocal agreement with Indian River
County which provides sewer service along
Roseland Road (CR-505). Staff and the City
Council are currently evaluating the future needs of
sanitary sewer within the City and Will recommend
expansion of the service area to include the subject
property.
Solid' Waste. Disposal of all solid waste may occur
either through County-City interlocal recycling
program, as adopted by the City through passage of
Resolution No. R-92-05, on January 8, 1992, or at
County landfill sites, usage established on May 10,
1989, through the solid waste agreement~
Resolution No. R-89-25. This is consistent with the
City's adopted plan.
Potable Water. Currently the City of Sebastian has
an interlocal agreement with Indian River County
which provides water service along Roseland'Road
(CR-505). Staff and the City Council are'~m'rently
evaluating the future needs of potable Water within
the City and will recommend expansion of the
service area to include the subject property.
Traffic Circulation. The subject property is
located on Dale Street approximately one (1) mile
South of a County Collector known as CR-505 or
Roseland Road. The City of Sel~a~an"'has
completed a thoroughfare master plan as required
by the Comprehensive Plan. Currently, CR-505
operates at a L.O.S. "C". Staff has determined that
the proposed land use change from residential to
industrial, and being 14.85 acres, is insignificant
regarding the amount of trips that"woUld~ 'be
generated onto the subject thoroughfare. The City
of Sebastian also has sufficient land development
regulations, including concurrency management, in
the site plan review of proposed development to
Friday, March 10, 2000
Land Use Amendment
Ordinance.No. 0-00-05
require any needed site-specific improvements
depending on the projects being proposed.
Section 9J-11.006(1)(a) 10(c).
Section 9J-11.006(1)(a) 10(c) 2.
5. Recreation. There proposed will not impact the
existing recreational facilities owned by the City of
Sebastian.
Six (6) copie~ of Staff, Local Planning Agency, and local
governing body recommendations are being provided for
your review.
N/A
If you have any questions or comments regarding ithis matter, please do not hesitate to call me at
(561) 589-5537.
Sincerely,
Tracy E. Hass, Director
Planning and Growth Management
Friday, March 10, 2000
Land Use Amendment
Ordinance No. 0-00-05
I~'EOEJ.¥'ED
CiTY OF SE'BAST:lAN
OFFICE OF OITY CLERK_..
20110 'fl l? 26 RFI 11' "7 T^TE o..LOR O^
DEPARTMENT OF COMMUN
JEB BUSH
Governor
ITY AFFAIRS
"Dedicated to making Florida a better place to call home"
STEVEN M. SEIEIERT
Secretary
May24,2000
The Honorable Chuck Neuberger, Mayor
City of Sebastian
City Hall
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Neuberger:
The Department has completed its review of the proposed Comprehensive Plan
Amendment for the City of Sebastian (DCA No. 00-1), which was received on April 3, 2000.
Copies of the proposed amendment have been distributed to appropriate state, regional and local
agencies for their review, and their comments are enclosed.
I am enclosing the Department's Objections, Recommendations and Comments (ORC)
RePort, issued pursuant to Rule 9J-11.010, Florida Administrative Code (F.A. C). Although we
understand the City wishes to expand its industrial base, additional information is needed to
determine if the proposed location of the new industrial development is appropriate.
Accordingly, several objections to this amendment have been ra/sed regarding internal
inconsistency, the Strategic Regional Policy Plan, school collocation, and intergovernmental
coordination. Department staff is available and welcomes the opportun/ty to assist the City to
address its industrial development needs. Additionally, we have enclosed sample language the
City could use to address the collocation requirements for schools. It is very important that the
adopted plan amendment address these issues, and all of the objections in the Department's ORC
Report, particularly the school collocation requirements so that the City may continue to amend
its Plan.
Upon receipt of this letter, the City of Sebastian has 60 days in which to adopt, adopt with
changes, or determine that the City will not adopt the proposed amendment. The process for
adoption of local government comprehensive plan amendments is outlined in Section 163.3184,
F.S., and Rule 9J-11.011, F.A.C. The City must ensure that all ordinances adopting
comprehensive plan amendments are consistent with the Provisions of Section 163.3189(2)(a),
2555 SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
lnternet address; http'llwww,dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE COMMUNIT~ PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNrr~ DEVELOPMENT
2796 Ovetseae Higllway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumerd OcR Boulevard
Manathon, FL 33050-2227 Tallel~eeeee. FL 32399-2100 Tallaheesee, FL 32399-2100 Talle~aseee, FL 32399-2100
(305) 289-2402 (850) 485-2356 (850) 413-9969 {850) 488-7956
The Honorable Chuck Neuberger, Mayor
May 24, 2000
Page Two
Within ten working days of the date of adoption, the City of Sebastian must submit the
following to the Department.:
Three copies of the adopted comprehensiv~ plan amendments;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing! body, if any, which were not included in the
ordinance; and
A statement in~cating the relationship of~e additional changes to the Department's
ORC Report.
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intern.
In order to expedite the regional planning council's review of the amendments, and
pursuant to Rule 9J-11.011(5), F.A.C., please provide a copy of the adopted amendment directly
to the Executive Director of the Treasure Coast Regional Planning Council.
Please contact, Richard W. Post, AICP, Pla~ing Manager, or Roger ~TVilburn,
Community Program Administrator, at (850) 487-4545 if we can be of assistance as you formu-
late your response to this Report. :
Sincerely Yours,
CO/rp
Enclosures:
Charl{
Chief
Objections, Recommendations and
Review Agency Comments
School Collocation Examples
~,s Oauthier, AICP
Bureau of Local Planning
~.omments Report
cc: Mr. Tracy E. Hass, AICP, Director of Planning and Growth Management
Mr. Michael Busha, AICP, Executive Director Treasure Coast Regional Planning Council
DEPARTMENT OF COM]vlUNITY AFFAIRS ,
OBJECTIONS, RECOMIVI]~NDATIONS AND COMMENTS
FOR THE CITY OF SEBASTIAN
Amendment 00-1 '
May 24, 2000
Division of Community Planning
Bureau of Local Plauning
This report is prepared pursuant ~o Rule 91-11,010
iNTRODUCTION
The following objections, recornrnendation~ and comments are based upon the.
Department's review of the .City of Sebastian's proposed 00-1 amendment to its comprehensive
plan pursuant to Section 163.3184, Florida Statutes (F. S.).
ObjeCtions relate to specific requirements Of relevant portions 'of ChaPter 9J-5, Florida
Administrative Codes (F.A.C.), and Chapter 163,iPart 1I, F.S. Each objection includes a
recommendation of one approach that might be tal4:en to address the cited objection. Other
approaches may be more suitable in specific situat!ons. Some of these objections may have
initially been raised by one of the other external review agencies. If there'is a difference
between the Department's objection and the exterrml agency advisory objection or comment,
the Department's objection would take precedenceI.
The local government should address each iof these objections when the amendment is
resubmitted for our compliance review. Objections which are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items which the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability ·
pursuant to' Rule 9J-5.002(2),. F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement, and if the justification is sufficient,
the objection will be considered addressed.
The comments which'follow the objectionsi and recommendations are advisory in
nature. Comments will not form bases of a determination of non-compliance~ They are
included to call attention to items raised by our reviewers. The comments can be substantive,
concerning.planuing principles, methodology or lclgic', as well as editorial in nature dealing
with grammar, organization, mapping, and reader icomprehension.
Appended to the back of the Department's report are the comment letters from the other
state review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Objections" heading in this report.'
OtlJECTIONS, RECONEY[ENDATIONS AND CO1VEVIENTS REPORT
CITY OF SEBASTLa2~
PROPOSED A_ME~NT DCA #00-1
The City of Sebastian has proposed one Future Land Use Map (FLUM) amendment to its
Comprehensive Plan.
The following objections and comments are raised with respect to the FLUM amendment:
CONSISTENCY WITH C}t_APTER 9J-5, F.A.C.~AND CI-IAPTERS 1'63 and 187,
F.$.
ORC OBJECTIONS:
FUTURE LA.ND USE MAP AMENDME~S
Ordinance No. O-00-05/C.N.K, Inc. Applieatitn
ORC Objection: Internal Inconsistencies-The City's Comprehensive Plan contains
criteria (Objectives 1.-I.3 and 1-2.3 and_Policy 1-Z3.1., 1-].3.2, ]-J.3.3d and f, !-2.3.1,
and 1.3.2. ]) to be used in.assessing new industrial uses. However, the information
provided does not show that the proposed change to industrial meets the criteria in the
Plan. [Section 163.3177(1), (2), (6)(a) and (8), F.$., and Rule 9J-5.005(2) and (5),
5.0055(2)(c) .and 9J-S.006(2)(a) and Co)2, 3, and 4, (3)(b)l and 4, (3)(02, and 0)(c)3,
F.A.C.]
Recommendation: The City should provide additional data and analysis to demonstrate the
proposed change in land use is consistent with the objectives and policies referenced above. This
should include, a traffic analysis that shows the availability of transportation facilities on the local
and state roactway network, and other public facilities analysis showing the continued
maintenance of adopted LOS standards both with and without the proposed amendment. Based
on the data and analysis, the City should revise or choose not to adopt the amendment as
appropriate.
ORC Objection: Consistency with SRPP-The amendment is not consistent with the
following goals and policies of the Treasure Coast Regional Planning Council Strategic
Regional Policy Plan: Goals 2. J,' 6.1, 6.3, 6. 7, and 6.8 and their supporting policies.
[Section 163.3177(1), (2), (4)(a), and (10)(a), F.S., and Rule 9J-5.001(1), 9J-5.002(1),
and (2)00, 9&5.005(7)0a), 9J-5.006(2)(b)2, 3,and 4, O)Co)l, and 0)(c)6, and (5)(a),
and 9J-5.015(1)(a), FA. C.]
Recommendation: Include adequate supporting data and analysis that supports the proposed
amendment and which evaluates the impact of the amendment on water quality, endangered
species, and the natural habitats that support those species within the North Sebastian
CRC REPORT
May 24, 2000
Page 2
Conservation area.
CITY OF SEBASTIAN
DCA #00-1
Also address each g~al and policy raised above regarding Consistency with
the. TCRPC Strategic.Regional Policy Plan a manner that indicates that land use suitability and
public facilities can be provided in a mariner that isl consistent with the adopted levels of service.
3. CRC Objection: School Collocation-The'Florida legislature required all local
governments to adopt by October 1, 1999, criteria to encourage the collocation of public
facilities, such as parks, libraries,/md community centers, with schools. If a local
government 'did not comply with this requirement, they are prohibited from "adopting"
amendments to its Plan. The City of Sebastian has not complied w/th this requirement
[Section 163.31.77, F.S.]
Recommendation: The City should revise its Future Land Use Element to include criteria which
seek to-collocate public facilities such as parks, libraries, and community centers, with schools to
the extent possible. This may be done simultaueouZly with or prior to this amendment.
4. CRC Objection: Intergovernmental Coordination-Since this amendment is directly
-related by its immediate proximity to the unincorporated areas oflmdian River County
and will impact County facilities, the City Of Sebastian must comply with the new
provisions of Section 163.3177(6)(h), F.S. The City did not demonstrate the
consideration of the impacts of the proposed amendment on the adjacent local
government (Indian tLiver County). The City has not yet adopted changes to its
Intergovernmental Coordination Element consistent with these statutory requirements.
For instance, the City has not described joNt processes for collaborative planning and
deeisionmak/ng on the extension of public ttaeilities and siting facilities with countywide
significance, including locally unwanted land uses. The amendment also does not
demonstrate compliance or consistency with the City's Plan, particularly FL UE Policy 1-
3.9. J, Intergovernmental Coordination Element (ICE) Objective 8-1. ] and Policies 8-
1.1.2 showing coordination with Indian River County. [Section !63.3177(2), (4)(a) and
(6)(h), F.S., and Rule 9,1-5.015(3)0o)1, 2, 3, and (3)(c)7, F~t.C.]
Recommendation: Because the primary access to ~e site is through the County, ensure the
location o£industrial areas that are adjacent to Courity lands are coordinated and consistent with
the County's Future Land Use Map and policies oflthe Indian River County Plan, such as Future
Land Use Element Policy 1. ]8, that requires industrial development to bepart of a node (which
precludes industrial traffic through residential area~). Additionally, coordinate the siting of the
proposed use regarding land use consistency and c6mpafibility and natural resource protection
with the comprehensive plans of both Sebastian and Indian River County. The City should
coordinate' its efforts consistent with its own Plan objectives and policies referenced above.
ORC REPORT CITY OF SEBASTIAN
May 24, 2000 .~
Page 3 DCA #00-1
II__. ORC COMMENTS:
ORC Comment: Airport Land Use ComPatibility-The proposed amendment lies in
close proximity to the Sebastian Municipal Airport and Runway 04/22 (4000' x 150').
There was no data and analysis supporting the amendment which demonstrates
compatibility between the future land use and transportation elements, particularly
regarding land use compatibility around airports. There was no data and analysis showing
how this amendment will protect the existing airport from encroachment of incompatible
land uses. [Section 163.3177(1) and (2), F.S., and Rule 9J-5.005(2) and (5), and 9,1-
5.0060)(c)2, and 9J-5.019(3)(d) and (4)(c)21, FA.C]
Recommendation: The City should show that it will protect the airport frOm encroachment to
ensure its continued safe operation. The .City should also address the land use compatibility
· surrounding its airport and regulate incompatible land uses and establish maximum building
heights so as not to infringe upon the runways' Clear Zone. It is also important that the proposed
uses do not attract birds or other wildlife that would cause an interference with runway
operations. It is recommended that the City file Federal Aviation Administration form #7460-1
Notice of Construction or Alteration, which can be downloaded from the interact
(http//www.faa.gov/arp/ace/£aal'orms.htm).
III. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The proposed amendment does not adequately.address and does not further the goals and policies
of the State Comprehensive Plan Chapter 187, Florida Statutes, including the following
provisions (Rule 9J-5.021, F.A.C.):
Goal 20 (a) (Transportation), Policy Co)3. Promote a comprehensive
transportation planning program wh/ch coordinates state, regional, and
local transportation plans.
b)
Goal 8 (a) (Water Resources), Policy 0))5. Ensure that new development is
compatible with existing local and regional water supplies.
c)
Goal 10 (a) (Natural Systems and Recreational Lands), Policy (0)3. Prohibit
the destruction of endangered species and protect their habitats.
Policy (b)10. Emphasize the. acquisition and maintenance of ecologically
intact systems in all land and water planning, management, and regulation.
ORC REPORT
May 24, 2000
Page 4
CITY OF SEBASTIAN
DCA #00-1
d)
Goal 16 (a) (Land Use), Policy (b)2. Develop a system ' of incentives and
disincentives which encourages a separation of urban and rural laud uses
while protecting water supplies, resource development, and fish and
wildlife habitats.
Policy (b)6. Consider, in laud use planning and regulation, the impact of
land use on water quality and quantity; the availability of laud, water, and
other natural resources to meet demands; and the potential for flooding.
Recommen~lation: Revise the proposed amendmegt to be consistent with and further the above-
referenced goals and policies of the State Comprehensive Plan as recommended elsewhere in this
report.
City of Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 FAX (561) 589-2566
March 31, 2000
Mr. D. Ray Eubanks
Community Program Administrator
Department of Community Affairs
2555 Shummard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Public School siting criteria
Dear Mr. Eubanks:
We are in receipt of your letters dated March 20, 2000 and March 28, 2000 concerning the Department's review of
two City of Sebastian comprehensive plan amendments. Both letters reference Paragraph 163.3177(6)(a), Florida
Statutes, F.S., wkich requires local governments to include public school siting criteria in their comprehensive
plans by October 1, 1999. Specifically, local plans are to: clearly identify those land use categories in which
schools are an allowable use; encourage the location of schools proximate to urban residential areas; and to
collocate public facilities, such as parks, libraries and community centers with schools to the extent possible.
We feel the City of Sebastian Comprehensive Plan properly addressed the above in the Evaluation and Appraisal
report and subsequent Comprehensive Plan adopted in January of 1999. Therefore, we are submitting this letter
and supporting documentation to the Department for the purpose of identifying the relevant sections of the City's
comprehensive plan including the comprehensive plan furore land use map.
Within the attached information, you will fred Future Land Use Element Policy 1-1.4.2: Maintain and Enforce
Standards and Specifications for Design and Construction of Public and Semi-Public Services. Policy 1-1.4.2
specifically cites public schools as being included in the category of community facilities that are permitted within
the Institutional (INS) land use category.
In reference to the City's small scale amendment package, please fmd attached the proof of publication for the
adoption hearing and completed small scale amendment form in compliance with Rule 9J-11.015, F.A.C.
If you require any additional information to complete your review, please do not hesitate to contact me or my staff
at (561) 589-5537.
Sincerely,
Director of Growth Management
CC:
Michael Busha, Treasure Coast Regional Planning Council
Robert M. Keating, Indian River County
City of Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TEL PHON ISt I SSg- S'7 FAX
May 04, 2000
Mr. D. Ray Eubanks
Community Program Administrator
Department.o.f Community Affairs
2555 Shummard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: DCA Re/'. # Sebastian 00-1 - Comprehensive Plani Future Land Use Amendment.
Dear Mr. Eubanks:
We are in receipt of letters from the Indian River County Community Development Department, Treasure
Coast Regional Planning Council (TCRPC) and Flor/da Department of Transportation Aviation Office
concerning the aforementioned proposed land use amendment. This letter is in response to the comments
and concerns raised by each of the respective review parties.
Indian River County had the following comments:
The City's transmittal letter incorrectly identified the zoning for the unincorporated property
surrounding a 4.85 acre portion of the subject property. This is correct, and the County properly
identified the property as having an L-2, Low Densi~ Residential 2 (up to 6 units/acre), and zoning of
residential and agriculture uses (Rose-4, Roseland Residential District (up to 4 units/acre) and A-i,
Agricultural-1 District, up to 1 unit/5 acres)· '
The only access from the subject property to the thoroughfare system (CR 505 Roseland Road) is
through a residential subdivision via Dale Street (129rh Street), which is an unpaved road.
Although not preferable, it is not uncommon to have iadustrial properties located on unpaved roads with
access being limited to residential thoroughfares. Additionally, there is an existing industrial park and
county transfer station located ½ mile East of this parcel that currently abuts residential and is accessed
via Gibson Street, which is partially unpaved. ;
The subject property proposed for redesignation! to industrial is adjacent to environmentally
sensitive land (the North Sebastian Conservation area) and residential areas. The current .land usc
designation of LD, Low Density Residential (up to 4 units/acre) allows for construction of up 'to 60
single-family homes on the subject parcel. Developing the parcel with 60 residential homes ,P0SSeS a
greater threat to prescribed management practices due to the close proximity of susceptible or liable
conditions presented by residential properties abutting the conservation district. The County in
negotiations with the City for additional scrub hab~at at the Sebastian Airport said that industrial
development was preferable to residential when ab~tting or neighboring conservation areas. This
comment seems to be a contradiction to their previous negotiation tactics with the City.
If the land use designation and zoning are changed to industrial, any type of permitted industrial
use could be established on the subject property. Some industrial uses may have a negative impact
on adjacent sensitive lands. Yes, any industrial use currently allowed within the City's land
development code could be permitted as long as the proposed use does not threaten the "publi~--~t£ety,
health or welfare. At the time of site plan review, the City will take into consideration all aspects of the
proposed use in determining the compatibility and/or potential incompatibility of a particular project and
whether or not it is in the best interest of the City.
The close proximity of the proposed industrial use (a Styrofoam manufacturing facility) may
conflict with conservation land burn management activities. Again, the current designation LD, Low
Density Residential (up to 4 units/acre) potentially threatens the quality of the conservation area as well
as presents more complex conflicts with the prescribed management plans of the conservation area.
Developing the parcel with 60 residential homes posses a greater threat to prescribed management
practices due to the close proximity of susceptible or liable conditions presented by residential properties
abutting the conservation district. The County in negotiations with the City for additional scrub habitat at
thc Sebastian Airport said that industrial development was preferable to residential when abutting or
neighboring conservation areas. This comment seems to be a contradiction to their previous negotiation
tactics with the City.
TCRPC staff review of the proposed comprehensive plan future land use amendment addressed the
following issues in addition to Indian River County's comments:
Again the issue of incompatibility with surrounding districts was raised. Industrial development
could have negative impacts on the adjacent residential uses and environmentally sensitive lands.
As with any proposed project, certain review criteria and regulations are in place within the City's Land
Development Regulations that protect residential areas from industrial/commercial developme, nt,.. The
applicant will be required to effectively screen any proposed use from the neighboring residential 'district
by utilizing a solid wall, fence or natural landscaping providing a ninety (90) percent opaque screen.
Additionally, the City within the Land Development Code has certain nuisance abatement procedures in
place to prevent and manage the emission of excess noise, air pollutants, odor, vibration, fa'e 6r'eXplosive
hazard and glare. During site plan review, all necessary preventative measures will be conditioned upon
the development so as to prevent adverse impacts to the surrounding properties. Furthermore, public
safety, health and welfare will be of utmost concern.
Currently, the residential subdivisions proximate to the site have private wells and septic systems.
The nearest public water and sewer service is approximately ~A miles to the north along Roseland
Road and is provided by Indian River County. Expansion of the interlocal agreement with the
County would be necessary to provide water and sewer to the subject property. Water and Sewer
service is not a mandatory State requirement and all necessary precautions will be implemented by the
Health Department to insure all preventative measures are exhausted so as to prevent contamination to the
surficial aquifer.
Industrial uses may'result in significant impacts to the environmentally sensitive land south of the
property which the County purchased utilizing funds from the Florida Communities :Trust Fund
(P-2000) for protection of scrub jays and their habitat. Indian River County is obligated l~'~a'h'age
the conservation area with periodic prescribed burns. Prescribed bums pose a greater risk and
conflict to residential development than industrial. There is a much greater risk of-disturbing and
threatening damage or nuisance to a neighboring residential area with prescribed bums.
2
Future Land Use Element Policy 1-2.3.1 of the City of Sebastian Comprehensive Plan states, in
part, that: 1) an industrial land use designation shall be allocated to industrial sites accessible to
airport facilities, rail facilities, and/or major thoroughfares; 2) the sites shali be buffered from
residential neighborhoods; and 3) heavy metal fabrication, batch plants, salvage yards, chemical or
petroleum manufacturing or ref'ming, rubber or plastics manufacturing, or other use generating
potentially harmful environmental or nuisance im-~acts shall be prohibited. Based on the above,
industrial use on the subject parcel would appear to be inconsistent with the City's Comprehensive
Plan. 1) The site is accessible to a major thoroughfare (County Road 505, Roseland Road) -
approx/mately ~A mile ninth - via Dale Street; 2) Buffeting shall be required of any proposed use from the
neighboring residential districts; 3) We are not reviewing the consistency of a particular proposed use,
only the consistency of the proposed land use ch~ge with the City's Goals and Objectives of the
Comprehensive Plan. Additionally, all the aforementioned uses are prohibited and therefore will not be
allowed on the subject parcel.
!
According to the Comprehensive Plan, there are 296 acres designated for industrial use, and 81%
of this land is vacant. Therefore, there would no~ appear to be a need for additional land to be
designated as Industrial, especially in an area where compatibility is a serious concern. Of the 296
acres of vacant industrial land, approximately 75 % is Within the airport industrial "park" and is currently
inaccessible and would require significant infrastructure improvements prior to being occupied or
developed. Although the unincorporated area to the north contains a residential/agricultural designation,
there is an abundance of commercial/industrial development currently inter-dispersed within the
surrounding properties. Therefore, the proposed use d~es not conflict with existing uses in the area.
The Florida DOT Aviation Office has concerns ove~ building height infringement upon the nmway's
Clear Zone. Sebastian Code limits building height to $5 feet and therefore, any proposed smaCmre being
roughly 1 mile from the end of the runway will not interfere with the mnway's Clear Zone. Additionally,
they have concerns over a proposed use attracting birds or other wildlife that would cause or interfere
with airport operations. Between the proposed property and the airport lies the aforementioned
conservation area and the proposed certainly will not attract or provide habitat for birds any more so than
the existing Scrub Jay habitat.
We feel the City of Sebastian Comprehensive Plan and Land Development Regulations properly address
all of the above concerns. Additionally, we did not ireview the land use change from a proI/osed use
perspective, but rather from a consistency perspective lwith the overall Goals and Objective of the City's
Comprehensive Plan. During the site plan review phase, all necessary reslrictions will be imposed on the
proposed use so as to prevent any adverse impacts on the surrounding properties.
If you require any additional information to complete ~our review, please do not hesitate to contact me or
my staff at (561)589-5537.
Director of Growth Management
CC:
Michael Busha, Treasure Coast Regional Plarming Council
Robert M. Keating, Indian River County ,
Terrence Moore, City Manager
Rich Stringer, City Attorney :
C.N. Irdrrie, Applicant ]
City 0£ Sebastian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (561} 589-5537 FAX (561) 58%2566
May 05, 2000
Mr. D. Ray Eubanks
Community Program Administrator
Department of Community Affairs
2555 Shummard Oak Boulevard
Tallahassee, Florida 3239%2100
Re: Public School siting criteria
Dear Mr. Eubanks:
We are in receipt of your letter dated April 27, 2000 concerning the Department's review of the City's small-scale
amendment adopted by Ordinance No. 0-00-06. The letter again references Paragraph 163.3177(6)(a), Florida
Statutes, F.S., which requires local governments to include public school siting criteria in the/r comprehensive
plans by October 1, 1999. Specifically, local plans are to: clearly identify those land use categories in which
schools are an allowable use; encourage the location of schools proximate to urban residential areas; and to
collocate public facilities, such as parks, libraries and community centers with schools to the extent possible.
Previously I wrote you a letter explaining why we felt the City of Sebastian Comprehensive Plan properly
addressed the above in the Evaluation and Appraisal report and. subsequent Comprehensive Plan adopted in
January of 1999. Unfortunately, I did not .transmit Policy 1-2,5.1: Institutional Land Use Designation
which further expands upon the location criteria for public schools. It is our hope that this additional information
will satisfy paragraph 163.3177(6)(a), Florida Statutes (F.S.).
Additionally, within the attached information, you will find Future Land Use Element Policy 1-1.4:
Accommodate Institutional Facilities and Public Services. Policy 1-1.4.2 specifically cites public schools as
being included in the category of community facilities that are permitted within the Institutional O-NS) land use
category.
Please contact me as soon as possible with verification of the City's compliance or non-compliance with school
siting requirements. Thank you for your continued assistance in resolving tbs issue. If you have any questions,
please do not hesitate to contact me (561) 589-5537.
¢incerely,
. Hass
r Growth Management
nusha, Treasure Coast Regional Planning Council
"eating, Indian River County
City of Sebastian
]225 MAIN STREET .SEBASTIAN, FLORIDA 32958
TELEPHONE (55])589-5537 FAX (55])589-2555
July 11, 2000
Charles Gauthie~, AICP
Chief, Bureau of Local Planning
Department of Community Affairs
2555 Shummard Oak Boulevard
Tallahassee, Florida 32399-21 O0
Re: Comprehensive Plan Amendment (DCA No. 00-1)
Dear Mr. Gauttfier:
We are in receipt of the Department's Objections, ReCommendations. and Comments (ORC) Report, issued
pursuant to Rule 9J-Ii.010, Florida Administrative Code i(F.A.C.). Your are correct in that the City wishes to
expand our industrial base and we presently are adckessing the objections raised regarding internal inconsistency,
the Strategic Regional Policy Plan, school collocation and ~tergovernmental coordination.
More specifically, in coordination with Indian River Counb] Staff, we are currently devising an altemat/ve access
plan for the subject property, which ultimately will be less impactive and more practical than the current access
plan. Additionally, we are using the school collocation criteria provided by your office to include suitable
language within our Comprehensive Plan, so as to appropriately address this issue. We feel strongly that we will
be able to resolve all issues raised in the ORC Report. However, seeing that we have to coordinate with the
Treasure Coast Regional Planning Council and Indian Rivet County in reconciling these issues, we will not be able
to adopt, or adopt with changes, the proposed amendment iwithin the prescribed 60 day time frame. As such, we
respectively request an extension so as to provide us with sufficient time to appropriately resolve the issues
outlined in the ORC report. '
Upon resolving all objeetions~ we will proceed with adoption of the said amendment and immediately thereafter
copies will be forwarded directly to the Regional Planning Council and DCA.
Thank you for your continued cooperation and if you reqtr
contact me or my staffat (561) 589-5537.
Sincerely,
Director of Growth Management
re any additional information, please do not hesitate to
CC:
, , I
Michael Busha, Treasure Coast Regmnal Plaunmg COuncil
Robert M. Keating, Indian River County
City of Sebastian
1225 MAIN STREET $ [ ASTiAN, FLORIDA 32958
TEL PHON (Sd])58%5537 FAX {Sd])589-25dd
August 1, 2000
Stan Boling, AICP
Planning Director
Indian River County
1840 25~' Street
Vero Beach, Florida 32960
Reference:
City of Sebastian Proposed Plan Amendment
DCA Ref. gOO- 1
Dear Mr. Boling:
As was discussed during our joint meeting on 18 July 2000, the City of Sebastian is in the
process of identifying alternative access routes for the property under review for the Plan
Amendment.
As stated in Robert Keating's letter to the DCA on March 28, 2000, item number two identified
the only access from the subject property to the thoroughfare system as being through a
residential subdivision (located in the unincorporated county). This access is not appropriate for
industrial type traffic being that Dale Street is an unpaved residential street.
Access was originally anticipated to be via 129~ (Dale) Street. However, due to concerns as
outlined by the County staff and neighboring residents, the City is prepared to offer an alternative
access plan. The City now wishes to grant access via 130~ (Gibson) Street, which currently
serves as an industrial thoroughfare. However, to access lot 16 via Gibson Street, the applicant
will need access rights across the North end of lots 15 and 19 (owned by Indian River County for
the Habitat Conservation Plan). Mr. Fred Mensing, owner of lot 15, is prepared to grant access
rights via the North end of lot 15. As you well know, the Gibson Street (130'~) terminus is
adjacent to the North end of Lot 19. Therefore, the City is requesting approval fi:om the County
to grant an access easement along the North end of lot 19. At this time the exact dimensions are
not known, but 50 to 60 feet seems to be adequate for access purposes. Please see the attached
location map for further clarification.
Land Use Amendment
Ord/nance NO; O-00-05
Another concern as outlined by Mr. Keating was the property being adjacent to environmentally
sensitive land (the North Sebastian Conservation Area) and that any type of permitted industrial
use could be established on the subject property, some of which may have a negati_y_e_i~ra_pa__qt_on
adjacent environmentally sensitive lands. We appreciate the County's concern about potentially
threatening activities. Policy 1-2.3.1 of the City of Sebastian Comprehensive Plan establishes
that Industrial uses include: manufacturing, assembling and distribution activities; warehousing
and storage activities; general commercial activities; and other similar land uses which shall be
regulated through appropriate zoning procedures, i Heavy metal fabrication, batch plants, salvage
yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or
other uses generating potentially harmful environmental or nuisance impacts shall be prohibited.
We feel this policy incorporates the necessary provisions to prevent potentially harmful
development and insure you that it is not the inte~ of the City to allow heavy industry within the
corporate boundaries of the City of Sebastian. i
We certainly look forward to resolving these issges and wish to work with the County staff in
ultimately devising a mutually acceptable access Plan for lot 16.' Please review this proposal and
advise as to its suitability. If you have any questions or comments regarding this matter, please do
not hesitate to call me at (561) 589-5537.
Sincerely,
Tracy E. Hass
Director of Growth Management
Enclosure
CC:
Michael Busha, AICP, Treasure Coast RegiOnal Planning Council
Charles Gauthier, AICP, Department of Community Affairs
.... ::~.:r. please
Land Use Amendment
Ordinance No. O-00-05
CITY OF SEBASTIAN CHAPTER 1: FUTURE LAND USE ELEMENT
3. Protect urban population and employment trends and estimate land area required to accommodate projected residential and
nonresidential activities.
4. Analyze infrastructure issues, including improvement needs based on development forecasts.
5. Determine subareas and unincorporated enclaves which shall logically be serviced by the City of Sebastian. Identify
relative advantages and disadvantages.
6. Recommend a strategy for planning and managing development within the unincorporated urban area, including armexation
alternatives. The recommendations shall include but not be limited to:
* Procedures for intergovernmental coordination of land use policy governing development within unincorporated urban
areas (including isolated enclaves) which are logical targets for incorporation into the City of Sebastian; and
· Policies and or actions for developing efficient systems for: 1) delivering municipal services; 2) achieving
diversification of the municipal tax base.
OBJECTIVE 1-2.9: SCHOOL SITING CRiTERIA. In coordination with the Indian River County
School Board and the Board of County Commissioners, the City shall accommodate the development of
public schools in areas necessar7 to meet the projected needs of the community, and shall seek to
collocate the same with parks, community centers and other public facilities within residential areas.
Polie_.y_ 1-2.9.1: Land Use Categories. Public schools shall be allowed in the following land use
designations listed in the Future Land Use Element:
1. All residential Categories.
2. Institutional Category.
Policy 1-2.9.2: Collocating public schools with parks, libraries and community centers. When
considering the development and establishment of public facilities such as parks~ libraries and' community
centers, the City shall, to the greatest extent possible, select a location and/or design the facility in such a
way that collocation of the facility with a public school is either achieved with an existing school or at the
facility can be retrofitted for collocation with a future public school.
§1-3 LAND USE ELEMENT IMPLEMENTATION.
GOAL 1-3: IMPLEMENTING LAND USE GOALS AND OBJECTIVES. CONTINUE TO
MONITOR AND EVALUATE DEVELOPM[ENT AND RESOURCE CONSERVATION WITHIN
TI-IE CITY PURSUANT TO GOALS AND OBJECTIVES OF TI:I-E COMPREI:II*,NSiVE PLAN
LAND USE ELEMENT AND CARRY OUT AN EFFECTIVE. IMPLEMENTATION PROGRAM
AS HEREIN ESTABLISHED.
OBJECTIVE 1-3.1: CONCURRENCY MANAGEMENT. By December 31, 1998, the City shall
have adopted a concurrency management program pursuant to Ch. 163, F.S., and §9J-5, F.A.C. Beginning
January 1, 1998, the City of Sebastian shall issue no development order or permit for development unless
the applicant provides narrative and graphic information demonstrating to the satisfaction of the City that
public facilities required by the subject development shall be in place concurrent with the impacts of
development. Furthermore, the applicant shall assure that the facilities operate at or above adopted levels
of service standards. The applicanfs narrative and graphic information shall also demonstrate that the
subject development shall not reduce the levels of service (LOS) associated with public facilities serving
the development below adopted LOS standards.
Policy 1-3.1.1: Resolving Concurrency Issues. In order to implement the above measure, the City shall
require that all developments requiring a development permit (as defined in §163.3164 F.,S., including
comprehensive plan amendments) shall, at the time the subject permit application is filed, submit
information which demonstrates that all urban services needed by the proposed development c.ag~ and will
be provided concurrent with the new development. ' '
Comprehensive Plan Goals, Objectives and Policies
07/02/01 1-24
HOME O]~ PI~IICAN iSLAND
CITY OF SEBASTIAN BOARD REVIEW
BOARD OF ADJUSTMENT
· First Established by Ordinance in 197~t as part of zoning code 202 amendment
· See LDC Section 54-1-2.5
/
/
° Five members and two alternates app~3inted by the City Council for three
year
terms ~
· Due to lack of Members in 1994 City Council took over duties of Board of
Adjustment by adoption of R-94-33 and then in 1996 the Board was restored by
adoption of Resolution 13-,-96-40
· Last Hearing on December 5, 2000 - no hearings scheduled since then
From LDC 54-1.2.5 i
1. Authority. In no instance shall the board Igrant any use of land in any zoning district
other than those uses allowed in such district as a permitted use or a conditional use.
2. Duties and Powers. The Board of Adjust~nent shall have the following powers.
Hear and Decide Administrative Appeals. Hear and decide appeals when it is
alleged that there is error in any order, requirement, decision, or determination made by
an administrative official in the enfomement of any Land Development Code or
regulation adopted pursuant to this act, unless otherwise provided herein.
b. Hear and Decide Requests for Variances. Hear and authorize upon appeal
such vadance from the terms of the ordinance as will not be contrary to the public
interest pursuant to Section 54-1-2. 5(C)(2).
c. Require Attendance at Hearings and Administer Oaths. The Board of
Adjustment shall have the authority to compel the attendance of witnesses at
hearings or meetings and to administer oaths.
CEMETERY COMMITTEE
· 1927 Sebastian Cemetery Association, Inc. (SCAI) chartered - was originally
called Cemetery Beautification Committee and its purpose was to promote and
finance the cemetery
1959 Quit claim deed - cemetery property to City of Sebastian
1980 SCAi was reincorporated
1980 Agreement between SCAI and City - funding for beautification of cemetery,
their use of Community Center for bingo
1981- 1982 Minutes of "Cemetery Committee"- members of SCAI were liaisons
1983 Guidelines, memberships and powers and duties of Sebastian Cemetery
Committee were adopted
1984 Resolution R-84-35 acknowledges name change from Sebastian Cemetery
Association, Inc. to Sebastian Area Civic Association, Inc. -Dept. of State
Certificate attached
1986 Clerk Krages sent forms to former members notifying them Cemetery
Committee was being reactivated and wanting to know if they were interested in
serving
Newly formed Committee met from 1986 through 1987 - no more minutes after
that time
1987 Resolution R-87-24 standing committees resolution (a resolution was
adopted each year up to 1987 in accordance with charter designating the
standing committees and listing names of members) included cemetery
committee
City Council appointed David Hincemon to Cemetery Committee in January 1988
but there are no 1988 committee minutes
CHARTI~R REVIEW COMMITTEE
First established in 1998 by adoption of Ordinance O-98-13 placing question on
3/99 ballot- approved by referendum ~
See Charter Section 5.03 I
Ordinance 0-99-02 adopted on 4/14/99 set out procedures for review and
memberships - See Code of Ordinances 2-231
15 Member Board
Last Met 1999 - Will be Re-established April 2006
CITIZEN ADVISORY TASK FORCE
Advisory task force first established in In as a requirement of the CDBG and
accompanying Citizen Participation Plan adopted by Resolution No. R-95-15
Section E of the Plan stated "A Citizen Advisory Task Force shall be established
(composed of citizens of the jurisdiction) to provide input relative to afl phases of the
project process. Residents of Iow and moderate income neighborhoods shall be
included in this task force. The task force members will be appointed by the governing
body before the Second Public Hearing on the project. Members may be reappointed as
a standing committee. The task force will meet at its discretion and will offer
recommendations as it deems appropriate."
CATF held its first meeting on March 22, 1995 with a representative of
consultants Clark, Roumelis and Associates, Robert Johnson.
Following completion of the CDBG Project former CATF members received
certificates of appreciation on April 25, 2001.
A new CATF was established for the Louisiana Avenue CDBG in 2001.
CITIZENS BUDGET REVIEW ADVISORY i~OARD
* Temporary Advisory COmmittee firstestablished by Resolution R-98-27 on June
24, 1998
. Permanent board established by Ordinance O-98-14 on October 14, 1998
o See Code of Ordinances Section 2-221
o 7 Member Board - 5 Appointed by Individual Council Members (2 yr terms) - 2
At-Large Appointed by Full Council (1 ~yr terms)
, Last Met 6/28/01
Sec. 2-222. The Board shaft assist in thei City's budget review process and shaft make
recommendations to the City Council prior to the i first budget hearing for each fiscal year. in
order to effectively advise the City Council, the BOard shall become familiar with the City's
budget process and shaft review the City's proposed budget and afl reports submitted by City
staff concerning the proposed budget. ~
CODE ENFORCEMENT BOARD
· First established by Ordinance O-81-17 on October 12, 1981 - many
amendments through the years - last one by Ordinance O-98-10
· ,See Code of Ordinances Section 2-176 through 2-197 and Florida Statutes 162.
· 7 Members - Up to 2 Alternates -3 yr terms
· Last Hearing September 2000 - Board Conducted Meetings in May and June
2001 to discuss Code Enforcement Issues
Section 2-176.
(a) There is hereby created and established the Sebastian Code Enforcement
Board. The board is created and established pursuant to the authority granted pursuant to the
Local Government Code Enforcement Boards Act, F. S. §§162.01 through 162.22.
(b) Those provisions of the Local Government Code Enforcement Boards Act, as set
forth in F.S. §§162.01 through 162.22, which are not inconsistent with this division, are hereby
adopted as ordinances of the city.
Section 2-178.
(a) Unless exclusive jurisdiction and authority for enforcement of the City's Code of
Ordinances and Land Development Code is expressly and exclusively granted to one of the
city's other boards, commissions, committees or administrative officials, the code enforcement
board shall have the authority and jurisdiction to hear and determine alleged violations of the
Code of Ordinances and Land Development Code of the City of Sebastian.
(b) The jurisdiction of the code enforcement board shall not be exclusive, but shall
be concurrent with any other board, commission, committee or administrative official charged
with the enforcement of the Code of Ordinances or Land Development Code of the City of
Sebastian.
(c) Nothing contained in this Division 2 shaft prohibit the city from enforcing its codes or
ordinances by any other means.
CONSTRUCTION BOARD
· First established by Ordinance 0-78-
over the years
· See Code of Ordinances Chapter 26
· 7'Members - 1 or 2 alternates
· SPecific Membership Requirements
· Last Met on June 12, 2001
on June 7, t978 - several amendments
The construction board shaft have the foflowing powers and duties:
(1) Advice to the city council. On its own initiative or whenever requested to do so by the city
council, to give advice to the city council and to Other public officials or employees with reference to
any matter affecting contractors or the construct,
(2) Reviewing city building and housing cod(
building and housing codes, their adoption, their
state building codes or any standard published c
part of such codes or of this chapter.
on industry within, the corporate limits of the city;
,s. To advise the city council concerning the city
amendment, and the revision of the minimum
:)de of technical regulation which constitutes all or
(3) Examination of contractor's license holders and applicants therefor. To examine or cause.to
be examined holders of contractor's licenses witl~in the city or applicants for such license, in
accordance with the requirements of this chapte/~.
Licensing of contractors. To license contfactors pursuant to the requirements of this article.
(5) Review of violations of this article. On thei motion of the board, on a notice of hearing issued
by an investigator or on the verified written complaint of any person, the board may review the
actions of any person, including a contractor that!has been issued a certificate of competency by the
board pursuant to this article or a state certified contractor, who has violated any provision of this
article. The board may hold due process hearingS and thereafter take appropriate disciplinary action
as authorized pursuant to this article if the person~, including a state certified contractor or a
contractor holding a certificate of competency from the board pursuant to this article and including
an entity qualified by a contractor who is state certified or holds a certificate of competency from the
board pursuant to this article, is found to be in violation of one or more of the acts or omissions
constituting a prohibited activity pursuant to Section 26-~ 71 or constituting cause for disciplinary
action pursuant to Section 26-172 to the extent not reserved to the department to the exclusion of
the board.
(6) Coordinate investigations with other governmental agencies. To cooperate with other
governmental agencies, local, state and federal With reference to any matter affecting contractors or
the construction industry within the corporate limits of the city.
(7) Subpoena powers. The board shaft have lhe authority to subpoena alleged violators and
witnesses to its hearings. The City, the board or the alleged violator may request that witnesses
and records be subpoenaed to any emergency or formal hearing. Subpoenas shaft be served in the
same manner as civil subpoenas are served under Florida Statutes and the Florida Civil Rules of
Procedure. The chairman of the board shall provide the clerk with sufficient signed and blank
witness subpoenas to be provided to alleged violators and the City Attorney for the purpose of
subpoenaing witnesses and records.
(8) Other. The board shaft perform such other duties as may be determined by the city council.
HANDICAPPED SELF-EVALUATION COMMITTEE
There are minutes from 9/17/85 through 4/1/98. There is a reference to these last set of minutes
having been approved on 11/3/99, but there are no minutes for this meeting. This appears to be the
last time this committee met.
The Human Resources Director was the designated Americans with Disabilities Act coordinator in
1993 and 1997.
Resolution R-87-24 standing committees resolution (a resolution was adopted each year up
to 1987 in accordance with charter designating the standing committees and listing names
of members) included handicapped self-evaluation committee
PLANNING AND ZONING COMMISSION
* Originally Established in first zoning code in 1947 - first mention of board in
ordinances titles is in 1973 - Ordinance 4~73 - Planning and Zoning to approve site
plans
, First set of minutes is 1979
. See Land Development Code Section 54-1~2.4 and 163.3174 Florida Statutes
. 7 Members - 2 Alternates
. Land Planning Agency for City
. Last Met June 21, 2001
A. Established and Desiqnated Local Plannin-g Agency. Pursuant to and in accordance with the
City Charter and Section 163.3174, F.S., of the County and Municipal Planning and Land
Development Regulation Act, the City Council finds that planning of land use and continuing growth
management evaluation within the City of Sebastian is a public purpose benefitting the safety,
economic and cultural welfare of the citizens of Sebastian. The City Council further finds that this
public purpose can best be achieved by establishing the Sebastian Planning and Zoning
Commission, which is hereby established and designated as the Local Planning Agency (LPA) for
the City. The Sebastian Planning and Zoning Commission shaft abide by the City Charter, as
amended, and all applicable provisions of the Florida Statutes. The Planning and Zoning
Commission shall have the authority and responsibility to review land use in the City and evaluate
planning and regulatory techniques for resolving physical, economic, social, environmental and
fiscal issues. The City Council directs the Planning and Zoning Commission to carry out functions
and powers herein identified. The Planning and Zoning Commission shall use the power and
authority conferred.
D. Functions and Powers. The Sebastian Planning and Zoning Commission shall have the
power and authority to carry out the duties and responsibilities conferred upon it by the Land
Development Code consistent with Section 163.3174, F.S., and shall perform these duties in the
best interests of the health, safety, and welfare of the citizens of Sebastian. The Planning and
Zoning Commission shall have the following functions, acting either as the Local Planning Agency
(LPA) or as the City's Planning and Zoning Commission:
1. Acting
a.
as the Local Planning Agency (LPA), the LPA shall:
Be responsible for preparation, review, and any proposed amendment of the
Comprehensive Plan, and deliberations of proposed changes to the Plan and
prior to any recommendations to the City Council;
Hold at least one public hearing with due public notice on the proposed plan
or element, or portion thereof, pursuant to Section 163.3174(4)(a), FS, and
make recommendations to ~he City Council concerning enactment;
Monitor and oversee the effectiveness and status of the Comprehensive Plan,
review any proposed amendments to the Comprehensive Plan, prepare
pe#odic reports required pursuant to Section 163.3191, FS, and make
recommendations to the City Council concerning enactment;
Review proposed Land De~,elopment Code and amendments thereto and
make recommendations to the City Council as to the consistency of the
proposed Land Development Code and amendments thereto with the adopted
Comprehensive Plan or element, or portion thereof, pursuant to Section
163.3174(4)(c),FS:
Acting
a.
C=
as the Planning and Zoning Commission, the Commission shall:
Review site plans submitted pursuant to Article XVIII of the Land
Development Code:
Keep the City Council and genera/public informed and advised as to the
physical development of the City, undertake special studies related to growth
management and resource conservation, including but not limited to
annexation, land acquisition, community improvement strategies, including but
not limited to annual update and revision to the capital improvement program
and budget, and other related issues;
Review conditional uses (reference Article VI), which may be part of an
administrative or major site plan;
Review subdivision proposals submitted pursuant to Article XIX Land
Development Code, and street dedication and reconfiguration proposals, and
make recommendations to the City Council regarding compliance with
applicable laws and ordinances;
Conduct such public hearings as may be required to carry out the functions
set forth herein; and
Review proposals for special use permits and special exceptions per Section
54-1-3.1 and make recommendations to the City Council regarding
compliance with applicable laws and ordinance.
Pursuant to Section 163.3174(4)(d), FS, perform any other duties, which are
assigned to the Sebastian Planning and Zoning Commission by the City
Council or by genera/or special law.
POLICE RETIREMENT BOARD OF TRUS'i'EES
· First established by Ordinance 0-89~~15 on August 23, 1989 - several amendments
over years
· See Code of Ordinances Chapter 58 ,and Florida Statutes Ch. 185
· 5 member board - 2 officers elected ~ 2 residents appointed by Council - 5th member
appointed by other four members and confirmed by council
· 2 yrs terms and terms are not limited i
· Last met during last quarter ;
Sec. 58-51. Board of Trustees.
(a) Administration vested in board; membership. The sole and exclusive administration
and responsibility for the proper operation of the retirement system and for making effective the
provisions of this article are hereby vested in a Board of Trustees which shall be designated as the
plan administrator for the system. The Board sh all consist of five persons as follows:
RECREATIONAL ADVISORY BOARD
· Temporary board established by Resolutions P,-97-49 (to determine function) and
then R-97-42 (established board)
· Permanent board established by Ordinance No. 0-98-08 on 5/13/98
· Last set of minutes July 19, 1999 although there is an indication from board secretary that
they met in spring 2000
SECTION 2. PURPOSE AND RESPONSIBILITIES.
A. Purpose. The Sebastian Recreational Advisory Board shall provide recommendations on
the development of recreational facilities and the creation and expansion of recreational programs,
evaluate proposed recreational requests, and promote cooperation and coordination between the
various recreational interests, the City and the County.
following fiscal year.
July 1 of each year.
a.
b.
C.
Res/~onsibilities. The Sebastian Recreational Advisory Board shall:
1. Prepare an annual work program outlining the activities of the Advisory Board for the
The proposed work plan shall be presented to the City Council for approval by
The work plan may include:
The preparation of policy recommendations to the City Council.
Studies of existing City and County facilities and programs.
The development of shod and long range plans for facilities, programs and
land acquisition.
d. The evaluation of recreational facility and program requests.
2. Promote and develop cooperation and coordination between the City, Indian River
County and the Indian River County School Board.
3. Encourage public input and participation.
4. Conduct studies as requested by City Council.
5. Prepare recommendations regarding citiy and county recreational facilities and
programs. Such recommendations shall be forwarded to the City Manager for
distribution to the City Council and/or to indian River County.
ORGANIZATIONAL STRUCTURE.
Members. The Sebastian Recreational Advisory Board shall consist of nine regular
members and two alternate members, all of whom are residents of the City of Sebastian. All
members shall be appointed by the City Council and the Advisory Board shall consist,
whenever possible, of the following:
1. The president or his/her designee of the Sebastian River Area Little League, Inc.
2. The president or his/her designee of the Sebastian Panthers, Inc.
3. The president or his/her designee of the Sebastian Soccer Association, Inc.
4. The president or his/her designee of the Sebastian Old Boys.
5. The president or his/her designee of the Friendly Tennis Group.
6. The president or his/her designee of the Sebastian River Art Club.
7. The president or his/her designee of the Craft Club of Sebastian.
8. The City of Sebastian's appointed member of the Indian River County Parks and
Recreation Advisory Board.
SECTION 3.
A.
TREE AND LANDSCAPE ADVISORY BOARD
· First established by Ordinance O-95-01 on February 22, 1995
· See Land Development Code Section! 54-3-14
· Five members - two alternates
· 2 year terms
· Last met on June 4, 2001
Sec. 54-3-14.17. Tree and Landscape Advisory Board.
(a) There is hereby created a tree and landscape advisory board, which shall provide advice to the
city council as requested by the council on care Of trees and landscaping on city property,
preservation of historic trees, proposed planting Of trees or landscaping on city property, proposed
amendments to this tree protection and landscape ordinance, and such other matters as required by
the city council from time to time.
(b) The tree and landscape advisory board shaft Consist of five regular members and two alternate
members. Each member shaft be a resident of the city and shall be appointed by the city council.
Members shaft serve without compensation. Aft members shall be appointed to two year terms.
As far as practical, the membership should be composed of one building contractor or realtor, one
landscape contractor, subcontractor, or maintenance personnel, one landscape consultant, designer
or architect, and two concerned citizens. The alternative members shall be, as far as practical, one
landscape professional and one concemed citizen.
(c) Vacancies shall be filled by action of the city COuncil.
(d) Meetings shall be held at such times and places as determined by the city council and shall be
open to the public.
FORMER BOARDS AND COMMITTEES OF THE CITY OF SEBASTIAN
Airport Advisory Board - 1975 - 1989
Annexation Committee- 1989 - 1990
Equity Study Commission - 1994
Golf Course Committee - 1982 - 1986
Parks and ReCreation Committee - 1985 - 1991
Riverfmnt Study Committee - 1990 - 1991
Riverfront Study Committee * 1996 - 1997
75th Anniversary Committee - 2000
F
W
Z
Community Organization Sign
OES Sebastian Chapter 204
Masons
Rotary
Elks
Pilot Intemational
Lions Club
Knights of Columbus
VFW Post 10210
National Exchange Club
American Legion
Sebastian River Art Club
Sebastian Property Owners
Daughters of American Revolution
Sign similar to Chevron
· ,, ~.'~i
Sebastian epartment
1201 Main Street~;':"~ :~'~i'!~:'"":: :"~":'"~'~'" (561) 589-5233
Sebastian, Florida 32958 ~2 Fax) (561) 589-2207
SUBJECT: Health Hazard House
962 EvemJa Street
Expenditure Required Amount Budget
$ 9,750.00 None
Agenda No. 01.174
Department Origin :
Date Submitted :
For Agenda of :
Police
7/12/01
A_ppro. priation Required
$ 9,750.00
SUMMARY STATEMENT
House in questCon is 962 Evernia Street. On 04-05-2001 officers responded to the
residence in reference to unsanitary living conditions and obnoxious odor. At that time
they made contact with the homeowner and observed the interior of the residence, which
was filled with garbage, cat feces and urine. Trash was piled at least. 5' high throughout
the residence. The Health Department determined the premises to be a sanitary nuisance
as described in Chapters 386. O1 and 386. 051 Florida Statues. Bids have been received
from three companies that specialize in Bio-Hazardous materials clean up. See attached
copies of the bids.
RECOMMENDED ACTION
Authorize International Biohazard Services, Inc. (I.B.S.) to clean the residence. This
company will remove all hazardous materials, disposing of them properly and completely
sanitize and seal the interior of the residence. The cost of this clean up will need to be
paid by the City and a lien placed on the property. Notice under Chapter 66 has been
provided
m
LB.S.
International Biohazard Services, Inc.
2231 Hollywood Boulevard
Hollywood, Florida 33020 USA
! Phone: (954) 922-9258 Fax: (~954) 922..7..009
May 12, 2001
City of Seb ~stian Police Department
Officer Dermis Hovasse
Fax: 561-5119-2207
REF: Price Ouote on Decontamination of Reside, nee
Work to be performed:
1. Fumig,te residence prior to .entering and decontamination.
2. Order, dumpster for. removal ofa!l .art. icl.esdtns. E
3, All trash removed wall be bagged, reside the rosidence prior to disposel.
4. Remorse all trash and other materials.
5. l~moV, al of all carpyts
6. Remo~.al of all fumxture deemed to be unusable.
7. RemoVal of all appliances deemed to be ~usable, .
8. RemoVal of all drapes, wallboard crc. that Is contaminated.
9. Red b~g all biohazardous material. - ·
10.Compli. ~tely sanitize the residence.
I 1, Reside,rice meets approval of owner(s)-ready for painters, carpenters etc.
Total '
for work performed: $9750.00.
Respectfully,
Walter Phiibrick
FAX
Crime site Cleaners, Inc..
141 Hampton Circle
Jupiter, FL $3458
.Office: 561-741-7499
Fax: 561.575-5533
ITC: Denis Hovas~..e_.
FROM: John S. Edgley
FAX #: 561-589-?.207
NO. OF PAGES:
Including this page
Claim #NIA
ANY PROB~,L, ~,~, $ IN RECEIVING,
PLEASE CALl' 56~1-741-7499
Crime Site Cleaners, Inc.
141 Hampton Circle
Jupiter, Florida 33458
(Local) 561-741-7499
(Toll Free) t-877.741-7499
Offices in.- Marathon, FL; Clearwator, FI.;
Jacksonville, FL; Orlando, FL;
Atlarrta, GA; Newport News, VA
May 13, 2001
Officer Denis Voyten
Sebastian Police Department
1201 Main Street
Sebastian, FL 32958
Dear Officer Voyten,
I have enclosed two different estimates for the work that needs b~ be done at
962 Evernia Street, If you want us to handle the entirejob from trash removal
painting and ra~arpefing, both estimates apply.
We Will ask for a $2500 deposi[ before work'Commences. We will be able to s~art
at your eadiest convenience.
If you have any questions, please call me any time
John S. Edgley
President
~. Crime Site cleaners, In
Jupiter, RoHda 3~58 Homicide, Suicide, Acoiden~l Fax: (56~) 575-5533
Oe~s, and Decomp~ifions -
U~/~/~UU~ U~:U4
Crime Site Cleanem, inc.
141 -iampton Circle
Jupiter, FL 33458
Loca: ($61) 741-7499
Toll Free.'1-877-741-7499
INameiAddmss or Insured:
Contact:
I
Micki Barbieri
962 Evemia Street
Se_bastian, FL
Denis Hovasse
i 561-589-4937
D~scription
III
Wet Solution Base Fogging.
DESCI~IPTION
Details
Microban X-580
Amount
Removal of all trash from house, patio,
Igarage. and yard.
Insect Treatment
Sanitation of entire house.
Ozone Base Fogging.
TOTAL $ 13,990.00
Cdme Site Cleaner~, Inc. ~wT! not De held responsible for any damage to pemonal items during cleaning o~
recon~b'uction of =ustomer~ property,
Num~ber of Phc~os:~
Claim NUmber:
· ',: ." '. N/A'" .
Crime Site Cleanem, inc.
Name/Address of insured:
141 Hampton Circle
Jupiter, FL 33458
Local: (561) 741-7499
Toll Free:1.877-741-7499
Tax ID ~ig..
,,,, ,,,~t~, ::", ~= '-- ~ .....,,,'; ',;', h, ,"
Mictd Barbieri
962 Evemia Street
Sebastian., FL
Denis Hovasse
561-589-4937
N/A
DESCRIPTION
Description
Repairs of all walls and wall preparation
Sealant applied to all walls.
Painting of two coats of paint.
Carpet for entire house,
TOTAL $ 3,300.00
..............
Ch'me Site Cleaner~, Inc, will not be held responsible for 8ny damage to personal Items du~fng c~leening or
reconalrue~on of =ustome~ pro~;~/. --~ ~
, M~,y.-11-01 12:40P SWAT 24 Stuart F1
P.O~
SWAT 24 Stuart Florida
24 Hour Emergency Constr~cdoa
2575 SE F~dcral llighway
S~uart, FI, 34994
(561) 286-SWAT r792~ [
(561) 2~fl-0222
Room: Building
1.280.00 SI: Walls
1,200.00 SI: Floor
4gO.O0 gF Long Wall
C, OMPLETE DEBRIS REMOVAl.
SABAsTIAN/CO
! LxWxH 60'0" x 20'0" x 8'0"
1.200.0 SF Ceiling 2,480,00 SI: Wall.~ & Ceiling
133.33 SY FIn~ring 160,00 ~: Floor Perim~tm'
160.00 SF Short Wall i 60.00 I.F Ceil. Perim,t,r
,! 200.00 I.~ 32.00 6,4~.00
4 MEN FOR 5 RAYS,
****NO'FE""~ '
~Y HOU~Y COST OVER RUN DUE TO O~R PAR~PATiON IN THIS PROCESS MUST BF, ~ARGEd AS
EXTRA WORK THAT lfi NOT INC I,U DE I) I N TIllS ES'I'I~TE.
~WAT 24 Iff NOT ~ESPONS~LE FOR ~Y ITEMS OF VALI~ ~AT OCCUPY '1'1~ flTRUCTU~. IF SUCH
ITEMS ~ DISC~ED DURING WORK ~WAT 24 IS NOT LI~LE,
Tyvek SuiL~ - PPP for bio-hazardous material 40,00 ~ &25 330,00
Protective gloves ~0.~ EA 5,75 230.00
Protective masks 40,00 EA 7.50 300.00
~move damaged carper 1,200.00 fiF 0,31 372.00
Remove padding~ 1,200.00 SF 0.12 ~.00
'I~t-lbg deodohzc building 1.00 EA 150,00 150.00
FI,EA CO~ROL ABATEMENT 2.00 EA 75.00 150.00
App}y .germicide - gray/black water treatment 2A80.00 SF 0.17 421.60
ACID MOP · interior slabs 1,740.00 SF 0.37 M3.80
Encapsula,e exposc~ coac~tc slab 1,7~0.00 SF 0.28 487.20
JOB PROVISION:
~UCK TO BE MOVED FROM D~VEWAY.
TREE TRIMED AT DRI~ WAY TO GIVE ACCESS TO DUMPflTER ~UC~
ROOM TOTAl.: Building 9,~,60
Room: General Provisions
SF Walls
SI;' Floor
Sit Long Wall
Remove l)umpatcr load - Large
ROOM TOTAL: General Provisio~s
SF Ceiling
SY Flooriug
SI: Shor{ Wall
SF Walls & Ceiling
LF Floor P~rimcter
LF Coil. Perimeter
2,700,00
SABASTIAN/CO
0511112OO1
Page: 2
SWAT 24 Stuart Florida
24 }ioux Emergency Construction
2575 SE Federal Ilighway
Stuart, FI. 34994
(561) 286-$WA'1' [7928!
(561) 2[48.0222 ['FAX1
· Line Item Totals: SABASTi~N/CO
12,328.60
1,280.00 SF Walls
[,200,(JO SI" Floor
. 480.00 SF Long Wall
1,200.00 SF Ceiling
133.33 SY Flooring
16(}.00 SI" Short Wall
2,480.00
160.00
i 60.00
SI: Walls & ,.,cd,ng
LF l:loor Perimeter
LF Ceil. Per'meier
SABASTIAN/CC)
05/11/2(101 ['age: 3
..MaF~-ll-O1 12:4OP SWAT 24 Stuart F~ 561 288 0222
SWAT 24 Stuart Florida
24 Hour Emorgonoy Cm~snuotion
2575 SE F¢&'~al Highway
S~al~ FL 34994
(561) 2S6~SWAT [7928]
(56]) 2R~-0222 [FAX]
O&P Items
CI,EANING
DEODORIZATION
GENERAL DEMOLITION
TEMPORARY REPAIR,q
Subtotal
Ovcrhcad
Profit
O&P llems Subtotal
Non-O&P Items
WATER EXTRACTION SERVICES
NOn-O&P Items Subtotal
O&P Items Subtotal
Material
0,00%
.000%
Total Dollars
7,043.g0
757.Z0
2,700.00
i 1
1,15~.50
13,842.00
Total Dollars
~79~.60
1~,~42.{~0
47
%
57.13%
6.39%
21
8.14%
93.56%
6.4~%
6,44%
SA DASTI AN/CO
05/I 1/2001
Page: 4
M~y-11-01 12:2BP SWAT 24
Stuart ~l ~61 288 0222
2575 SE Federal Highway, Stuart, FL 34994 *, (561) 286-7928 * Fax (561} 288-~222
Friday, May 11, 2001
From:
To:
Company:
Fax#:
#Pages:
.Tohn David Coleman
Susan D. Voyten
Sebastian Police Depaetment
(561) 589-2207
Contaminated house on Evernia
5
Notes:
Susan -
This is our estimate for cleanup and deodorization of the house we
met at earlier today on Evernia. We look forward to performing
this work for you and the city of Sebastian. Zf you have any
questions regarding the estimate or need us for anything at all
please phone. Thanks and we hope to hear from you soon.
President
SWAT 24 - Stuart
24 Hour Emergency Construction Services
.May-Il-01 12:40P SWAT B61 288 0222
S~u~rt FN
SWAT 24
24 llour Emuv
2575 gE
Stuart.
(561) 286
(561)
;tuart Florida
;choy Con-~truction
deral Highway ,
FL 34994
gWAT [7928J
.0222 ["FAX]
Client:
Client:
Operator:
Operator:
Estimator:
Eatimator:
'fttle:
City of Sabastian Code Eaforcement
JDC,
John Coleman
Pteside~.t
2575 SE Federal ltighway
Smart, FI. 34904
Contact:
Basiness:
Faa:
(561) 5894927
(561) 286-7928 xl17
(1561) 288-0222
Jeb Bush
Governor
'PLORIDA D1EPARTMI!NT OF
~ G. Brooks, M.D.
Secretary
SANITARY SURVEY
DATE:
MEMO TO:
SUBMITTED BY:
SUBYECT:
April 27, 2001
Officer Paul Graves
Sebastian Police Deparg'l~nt
F. Donald Bur. gess~_~~
Environmental Specialist ri cfi '
Indian River County Healm Departrnem
Unsanitary Living Conditions
962 Evernia Street
Sebastian, FL
The above referenced premises was inspected on April 5, 2001 and determined to be a
sanitary nuisance as described in Chapters 386.01 and 386.051, Florida Statutes. Several
conditions that could be injurious to health were found at the above location. Roaches,
rodems, and mosquitoes are capabie of. tramrrA~g dise~e, directly or indirectly to ·
humans, such as leptospirosis, streptobacilary fever (rat bite fever), abdominal
angiostrongyliasis, hantaviruses, hymenolepiasis (mt tapeworm from rodem feces),
plague, salmonellosis (from rats and eats), endemic flea-borne typhus fever, and
encephalitis (from mosquitoes).
If the conditions continue to exist, it could create a problem for other residents in the
neighborhood.
Environment. al Health
1900 - 27th Street
Veto Beach, FL 32960
INDIAN RIVER COUNTY HEALTH DEPARTMENT
Telephone: (5~I)794-7440
Suncom: 259-7440
Fax: 061)794-7447
~ ~-<:- ,... ,.,/... ~: ~ .,~, ~:,,
Bush
Robot G. Bmok~, M.D.
SANITARY SURVEY
DATE:
suBMITTED BY:
SuBJECT:
Indian Kiver County I--ealth Department
Unsanitary Living Conditions
962 Evemia Street ·
Sebastian, FL .,,.
On April 5, 2001 at the request of Lt. Lockhart, Sebastian Police Department, an
inspection of the above referenced premises Was conducted to determine if the building
is habitable. The inspection revealed the foll~wing conditions:
Exterior - yard overgrown, full of dead vegetation.
Back porch full of debris and junk
Interior - living room, bedrooms, b~a,t~ooms, and kitchen full of household
garbage and debris, piles several feet high in each room. House roach infested.
Possible rodent infestation. Dirt, dust, cobwebs covering walls and ceilings.
Obnoxious odors, caused by garbage, urine, and fecal matter from cats throughom
the house.
Recommendation:
Premises unfit for human habitation until all garbage and debris is removed and premises
has been properly cleaned..
INDIAN RIVER COUNTY HEALTH DEPARTMENT
Environmental Health Telephone: (561)794-7440
1900 - 27th Strc'~t Smmom: 259-7440
Veto Beach, FL 32960 Fax: (561)794-7447
P0iic6 epartment
Sebastian ..
! 201 Main Street
,~:!i~¢~:~ (561) 589-5233
Sebastian, Florida 32958 ' ~,,?:¢,.~:,.,' Fax) (561) 589-2207
SUBJECT: Law Enforcement Trust Fund
Agenda No. : 01.0 8 3
Department Origin : Police
Date Submitted : 7/0 3/01
For Agenda of : 7 / 11 / 01
Expenditure Required
Amount Budget
_ Appropriation Required
$11,085.00 0 11,085.00
SUMMARY STATEMENT
On May 15, 2001, the City received a distribution of $11,835.00 from Indian River
County PGI (Project Generated Income) Fund (or M.A.C.E).
These funds were requested by the Police Department for the purpose of purchasing
three (3) Decatur Gemini In-Car Video Systems. These are the same video systems
purchased via the Local Law Enforcement Block Grand and was supplied via sole
source-Law Enforcement Supply Company, Inc.
Due to the previous purchase of the same system, the city has received a $900.00
discount from Law Enforcement Supply. These systems are 8MM and are installed in an
overhead console as opposed to over the dash board. This' is' very useful in that it is
space saving and air bag friendly.
RECOMMENDED ACTION
Authorize the above video systems from Law Enforcement Supply Co, inc. in the amount
orS11, 085. 00. Waiver bid procedures and approve sole source purchase.
City of Sebastian, Florida
Subject: Range Netting Installation
Approv~ubmittal,'b~Manager
I / I ....... / ...
Agenda No. 01.17 5
Department Origin:
Director of Golf
General Service Administratot~~~.~
Date Submitted:
For Agenda of: July 11, 2001
Exhibits: Price quotes (bids) from range netting vendors, technical specifications and scope of
work of project.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: REQUIRED:
$78,910.42 $80,000 $0
SUMMARY
The Sebastian Golf Course driving range is positioned between holes number one and number
nine. Quite frequently, golfers hit range balls into the playing areas of the previously mentioned
holes. The range-netting project will greatly reduce the chance of a golf ball flying into the
playing areas of holes one and nine. By reducing the chance of a golf ball flying into the playing
areas, the golfer who is playing hole number one or number nine will be protected from the
unfommate instance of being hit by a range ball. Increasing the safety factor (and decreasing the
risk to the City of Sebastian) is not the only benefit of the range netting. The netting will also
decrease range ball loss, as most range balls will easily stay within the range area. The range
netting will withstand hurricane-force winds while appearing attractive and aesthetic. The City
Purchasing Division obtained sealed bids for the range-netting project. Asplundh Construction
Corp. submitted the lowest bid ($73,340.00), as shown on the attached bid tabulation form.
Asplundh Construction provided an amended bid ($78,910.42) for an alternate design, which
increases the structural strength of the netting system.
RECOMMENDED ACTION
Move to award Sebastian Golf Course range netting contract to the low bidder Asplundh
Construction Corp. in the mount of $78,910.42, and authorize staffto execute an agreement for
same.
SCOPE OF WORK
SEBASTIAN GOLF COURSE
RANGE NETTING PROJECT - JULY 2001
Construction Starting Time
Construction is to begin on July 23rd, 2001. Completion to be 30 calendar days
thereafter.
Equipment
All equipment necessary for performance shall be on the project site and approved
by the Head Golf Professional before work will be permitted to begin.
Responsibility of the Contractor
The Contractor will be responsible for delivering all necessary quantities of
construction materials, equipment, and personnel necessary for compliance with the
scope of work.
Clean-Up / Site Restoration
At the completion of all work shown on the scope of work, the Contractor shall
remove all tools, equipment, debris, etc. from the work site. The Contractor shall repair
areas that have been disturbed by his operations, and leave the areas of site in equal to or
better than pre-construction condition. The Head Golf Professional shall approve site
restoration.
Technical Specifications
Quantity
7
18
20
40
52
20
5800 feet
2000 feet
2000 feet
55
26
40
20
50
60
65
5400
2
4
2
16
Description
35 foot class "3" wood poles
60 foot class "2" wood poles
Triple Helix Anchors
% inch Williams Fittings
5/8 inch Flat Guy Hooks
Guy Guards
3/8 inch Galvanized guy steel
7/16 inch Galvanized guy steel
5/16 inch Galvanized guy steel
5/8 inch Hubbards
½ inch 3 - bolt suspension clamps
5/8 inch 3 - bolt suspension clamps
Unthreaded eyes
7/16 inch Preforms
3/8 inch Preforms
5/16 inch Preforms
Galvanized Snaps
Panels 25 feet high x 74 feet long (west and east side)
Panels 25 feet high x 64 feet long (north side)
Panels - angle 25 feet high x 50 feet high x 74 feet long
Panels 50 feet high x 74 feet long (west and east side)
Netting
Installation
Total square footage of netting: 76,000 square feet. Netting will consist
of ninety five (95) pound polyester, 3/8 inch rope barrier, ultra-violet
treated, 18 gauge, 400 pounds per square inch, 3000 pound rope border
tested, 8% wind resistance, wit2a five (5) year warranty.
*Poles - direct bury in ground 9 feet
*Poles - hydraulically tampered and back-filled
*Storm Guys placed 25 feet ba~k from all poles, three (3) guys placed on
west side, three (3) guys placed on east side, and two (2) guys placed on
north side i
*All materials, anchors, bolts, hooks, guy guards, clamps, preforms, snaps,
hubbards, galvanized guy steel,! and unthreaded eyes must be powerline-
approved.
*All installers must be certified! Powerline-man approved.
*west and east side- ten (10)-~ seventy four (74) feet sections. First two
(2) sections will be twenty feet (20) in height, and remaining eight
sections will be forty (40) feet ii~ height.
*north side - four (4) sixty four !(64) feet sections at a height of twenty
(20) feet.
*See diagram on following pag~
height of back(north) net -25'
64'
~--~est side of netting
east side--
'l
74'
100'
range tee
225'
PAGE Bi
,sport & ~Tottlna. S*zod~
June 20° 200!
Su~jeet:
Off~ce 20~067-087
Fax 205,-967-457
,jesUS M, ~ei~'o,, ]Suyer
Total p~Tes: ~,
Attached is 'the amended bid from
includes tho.~ngoa we: dtscruned, youtorchyle re..spa0e ~e l~les on
md· ~ ~e~ 74' O/C.to 61'
~o ~o~ot.. A~ we d~~,.'we, can start es em:IT es july ~3, ~00 !
~, Han~ Bu~che'lt
~6/~0/01, ~ED 0~:¢~ FiX
CO0~ STUFF
'Net Connection,
Sport &
June 10... ~001 "
Com'Se/Rmlg~ C, tWor Sebastis. n Municipal Ooif Course
Loc~Ltion~
Seb~n, Florida,
Add four i.~onal.80' .class .~ poies, two east, to tim east and west sides of tho
.~',.rat~ge'aetiing pr~ject. This would ~e-s~ tl~ poles on flte.e~st tncl west
sides, ~ont ?4'.O/C.to 61' 9" 0lC.
Four, SO, fOot, ~ two'wood poles
2s0 feet o! ,suppo. cab~e
1,018:~, fl,' ~'~d~ d830ba~er ne~g
. Addition~ bolts, Washers, elamps, and othor hardware. (All galvanlsed)
Amendoa.Bid Paoe.....,...... ........... ...... .............. '.... ............
$ ~8,,910,4~'
app'.lied for'~ll balances beyond 30 da~s. 18% pez annum.
Pri~es qvoted .ia e~'ect fc~ 60 da~
HOM]; Of PF.,~CAN ISLAND
City of Sebastian, Florida
Subject: Resolution No. R-01-50, repealing
Resolution No. R-98-02, establishing land
development code application fees.
prove ..for Sub ~,mi~ b :
Agenda No. 01.1 7 6
Department Origin: Growth Management
Tracy E. Hass ~/~
Date Submitted: June 29 2001
For Agenda of: July 11, 2001
Exhibits: Resolution No. R-01-50, establishing land development code application fees, development review fees
schedule comparisons.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
While drafting the 2001-02 budget, staff determined that many of the existing permit fees do not cover
actual cost of processing the associated applications. Furthermore, many of our more complicated
development order applications, i.e. land use changes, zoning changes, and site plan reviews, require
expensive newspaper advertising that can easily cost upwards of several hundred dollars. Therefore, the
associated fees for processing these permits sometimes only covers our advertising cost and not the
absorbed cost of processing the applications.
The City's Growth Management Department has been operating via Resolution No. R-98-02, which
amended changes to the City's development order application fees. Prior to 1998, the City last amended
the fee structure in 1987. Although, the revised fees in 1998 were more in line with fees charged by
Cities of similar size and growth rate, we are still at a level much below actual cost for processing said
applications.
Although not generally a well-liked idea, we feel it is necessary for the City to raise certain development
order fees to cover our administrative cost involved in reviewing and processing said applications.
Therefore, the Growth Management Department, with the assistance of the City of Eustis, has performed
a development review fee survey to determine an appropriate and reasonable fee structure for all
development order permit applications. Attached hereto you will find the results of this survey, which
determined that the majority of permit application fees charged by the City of Sebastian Growth
Management Department fall below the parameters of other cities of similar size. Therefore, we are
recommending modifications to the land development code application fees to bring them to levels that
will cover actual costs of processing permit applications, as opposed to the current system of subsidizing
said development orders via the general budget.
RECOMMENDED ACTION
Move to adopt Resolution No. R -01-50.
RESOLUTION NO. R-01-5,0
A RESOLUTION OF THE CITY OF!SEBASTIAN, FLORIDA, ADOPTENG
LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABII,ITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,
the City Land Developmedt Code contains requirements for submittal of
various applications for development related approvals and permits; and
WHEREAS, the City entails certain costs in processing said applications and endeavors
to offset these costs through applicati°n fees; and
WHEREAS, the fees were last adjusted by Resolution R-98-02 in 1998 and some
,
charges o not cover the out-of-pocket expenses of the City such as publication of requisite
legal notices; and
WHEREAS, the fees set out in the existir~g resolution need to be revised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORII~A, as follows:
Section 1. FEE SCHEDULE. The f~ee schedule attached hereto as Exhibit "A" is
hereby adopted, and said amounts shall applyl to applications under the Land Development
Code as appropriate. I
Section 2,
CONFLICT. All ResolutiOns or parts of Resolutions in conflict herewith,
particularly R-98-02, are hereby repealed.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution was moved for adoption
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
by Councilmember
Mayor Walter Barnes
Vice Mayor Ben Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward Majcher
The Mayor thereupon declared the Resolution dully passed and adopted this 1,(th day of
July, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
2
Permit Current Fee Proposed Fee
Subdivision (Preliminary Plat) greater
than 50 acres
Subdivision (Construction Plans) 50
acres or less
Subdivision (Construction Plans)
greater than 50 acres
Subdivision (Final Plat)
Subdivision (Division of Single Lot)
Commercial
Subdivision (Division of Single Lot)
Residential
Time Extension of Site Plan, DRI,
Subdivision, PUD, or any other
Deadline or Date Action
Revisions to an application which
require the re-publishing of the public
notice of the application.
Unity of Title (Release)
$20/acre
$450
$9/acre
$400
$50
$50
original fee
Original Fee
$0
$1000 +
$20/acre
$450
$450 +
$9/acre
$400
$1oo
$50
½ original fee
Actual Cost of re-
publishing and re-mailing
notices
$50
Exhibit "A"
Page 1 of 2
Permit Current Fee Proposed Fee
Accessory Structures
Address Change Re~luest
Annexation
Pre-Application
Board of Adjustment (Appeal)
Board of Adjustment (Variance)
Comprehensive Plan (Land Use
Amendment)
Comprehensive Plan (Land Use
Amendment, Small Scale)
Comprehensive Plan (Text)
Conditional Use Permits (Commercial)
Conditional (Model Homes)
Conditional (Home Occupations)
Development of Regional Impact
Easement (Vacation of)
Land Clearing (Commercial)
. Grubbing
Land Clearing (Residential)
Grubbing
Tree Removal
Land Development Code Amendment
PUD (Conceptual Development Plan)
PUD (Preliminary Development Plan)
50 acres or less
PUD (Preliminary Development Plan)
Greater than 50 acres
PUD (Preliminary Development Plan)
Site Plan
PUD (Final Plat)
Rezoning
Sign (Fagade)
Sign (Monument)
Site Plan (New Development)
Site Plan (Administratively Approved)
Site Plan (Major Modification)
Site Plan (Minor Modification)
Special Use Permit
Street Abandonment
Subdivision (Preliminary Plat) 50 acres
or less
0
0
0
$50
$150
$200
$450
$400
$45O
$1oo
$1oo
$1oo
$1ooo
$1oo
$50
$50
$50
$225
$400
$1100
$22/acre
$5OO
$200
$450
$50
$50
$450
$175
$450
$125
$400
$175
$950
$50
$50
$30O
0
$150
$200
$1500
$1000
$1500
$250
$150
$1oo
$1ooo
$125
$100 up to 5 acres, greaer
than 5 acres = $20 acre
$50
$25 upto 5trees,
greamrthan5 = $5 ~ee
$450
$600
$1100
$22/acre
$700
$450
$650
$1oo
$75
$650
$175
$450
$250
$400
$175
$1000
Exhibit "A"
Page 2 of 2
8 8 ! o
HOMI OF PtLIO~I tnI, AN~
City of Sebastian, Florida
Subject: Resolution No. R-01-51,
abandoning a 20' wide by 50' long alley as
described within the attached legal
description.
Agenda No. 01.17 7
Department Origin:. ,Growth Management
Tracy E. HaNs ,,'~)'.,~[~'
f/~ppro~d,~-'~'/~_ /~.//~f°r S.~t~!b~y: Date Submitted: June 29 2001
,_..~'~~~ff~ R-~I.~I, lo~ For Agenda of: July 11, 2001
Exhibi cation map, legal description.
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
Mr. Jen-y Hall has requested abandonment of the aforementioned alley located adjacent to 698 Jackson
Street. The stated reason in the application is to allow the homeowner to clean and maintain Brazilian
Pepper infestation and to regain property to original configuration.
In considering applications for vacating public fights-of-way, the Planning and Growth Management
Director and all relevant City staff shall review whether any public purpose is served' by the subject
right-of-way. This evaluation shall consider all relevant public purpose options associated with drainage
systems; water service; sanitary sewer services; roadways, pedestrian and/or bicycle ways, and alleys;
public safety, including emergency service access and egress; communication systems; power and/or fuel
networks; or other public or semi-public services essential to the public welfare and safety.
Consideration shall include present and future needs for the right-of-way for purposes of accommodating
or improving delivery of public services and/or ensuring convenient access for service and/or
maintenance or other public benefit now or in the future. In order to affirmatively reComm~fid'i'~/~i~'ati°n
of rights-of-way, the Planning and Growth Management Director shall render a fmcling that no current or
future public purpose can be identified for the subject right of way.
As you will see in the attached information, the small 50' alley section is the only remaining section of a
previously platted alleyway. The remaining sections to the south were all previously abandoned. No
utilities, or other public infrastructure improvements are located w/thin the prescribed ROW. It has not
been maintained and is essentially overgrown with Brazilian Pepper Trees.
Therefore, it is staff's position that there is no current or future public purpose for the subject alley
ROW. .i
Prior to rendering a final decision, the City Council shall consider the report prepared by the Planning
and Growth Management Director. The City Council shall not approve the vacation of a public right-of-
way unless the £mding is consistent with the following criteria:
1. No current use of the right-of-way beneficial to the public interest exists;
No projected furore use or re-use of the right-of-way beneficial to the public interest
exists;
No adverse impacts on public servlces caused by the proposed vacation now or in the
future can be identified; and
No adverse impacts to adjacent properties as well as major areas or land uses currently
benefiting from a public service or system that uses the subject fight-of-way can be
identified.
The City Council shall cite specific findings in support of a final decision to vacate a public fight-of-way,
includingi an absence of public purpose for the subject right-of-way. Similarly the City Council shall
identify specific findings in support of any decisio~a to retain the public right-of-way. Any decision to
vacate a public right-of-way shall be by resolution of the City Council.
RECOMMENDED ACTION
Move to adopt Resolution No. R-01-51.
RESOLUTION NO. R-01-51
A RESOLUTION OF TIlE CITY OF SEBASTIAN, FLORIDA,
ABANDONING RIGHT-OF,WAY FOR AN ALLEY OFF JACKSON
STREET IN OCEAN HEIGHTS SUBDMSION; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERAB]I,ITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City has received an application from Jerry Hall for abandonment of
a right-of-way adjacent to property he owns in the City of Sebastian; and
Wl:II~REAS, the right-of-way is for a 20 foot wide, 50 foot remainder ora
partially abandoned and unused alley in the amended plat of Ocean Breeze Heights
Subdivision; and
WHEREAS, said application has been processed in accordance with the
provisions of the City Code, and the City Council finds that the right-of-way is no longer
needed for a public purpose;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1, RIGHT-OF-WAY ABANDONED. The City hereby abandons
and releases its interest in that portion of the right-of-way for an alleyway as described in
the attached Exhibit "A", as further illustrated by the survey contained in said Exhibit.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this resolution is invalid or unconstitutional,' the
remainder of the resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provisions. It shall further be assumed that the City Council would have enacted the
remainder of this resolution without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4.
upon adoption.
EFFECTIVE DATE.
This resolution shall become effective
The foregoing
resolution was mover
The motion
and, upon being put to
for adoption by Councilmember
was seconded by Councilmember
vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majdher, Jr.
The Mayor thereupon declared this resolution duly passed and adopted this 11th day of
July, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian:
Pdch Stringer, City Attorney
OF LOT I, BLOCK I . .~.--~ ~_5~_' / I
FD .,4" CAPPED IRON PIPE (PRP1) 6~)d'~O- -- ""~=/----7,",~-; I
.¢ u- / ,oT i I
SEBASTIAN CEMETERY
PART OF LOT I
PARCEL,
A
PART OF LOT I / BDOCK I
TONN OF NAUREQAN
NM CORNER
LOT 1, BLOCK
AMENDED PLAT OF ~EAN BREEZE HEIGHTS
LOT I
BLOCK
PLAT BOOK 2, PAGE 7, -~' ¢
INDIAN RIVER COUNTT, FLORIDA ,/ /
~ LOT2
~ ~ BLOCK I
LOT 2
BLOCK
P.O.B.
ABANDONED
LOT 5
BLOCK I
Exhibit "A"
'1
QF~AF::'Iq lC ,SCALE
20 0 10 20
( IN FEET )
I inch : 2¢ Ft..
LEC~ENE)
POC - POINT OF C, Or'IP1ENCEI"IENT
POB - POINT OF BEGINNING
~EC = SECTION
TNP k TOb4NSHIP
RGE - RANGE
GOV'T - GOVERN/'IENT
PRffl - PERF1ANENT REFERENCE
MONUrlENT
.SKETCH OF LEGAL E)ESC. F~IPTION OF ADANDONEE) ALLE'r':
FOF~: JEF~t~"'r" F. ~' MAF~SFtA G. MALL
(SEE SHEET 2 OF 2 FOR LEGAL DE5CRIPTION)
I.-IOIJ,.STON,~ PF~ICE, INC.
ProFessional Land Surveyors
q436 U.S. Highway I
5¢baslion, Florida
32qB&
TEL: (561) 366-6603 DNN. BY: PRB
~,~ CKD. BY: SAN
PROJ. NO. O0-22qLG
" THIS tS NOT ,A "
BOUNDARY 5U F~VE"r"
DATE: 5103/01
SCALE: I": 20'
Le~at DesCription: AI~ANDONEE) ALLEY
ALL THAT PART OF AN ALLEY, TO I~E ABANDONED, AS 5HONN ON THE
AMENDED PLAT OF OCEAN BREEZE HEIGHT5 5UBDIVlDION, AS RECORDED
IN PLAT BOOK 2, PAGE 7, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, LYINGi ADJACENT AND CONTIGUOUS TO LOTS I, 2 AND
3, BLOCK I; LOT I, BLOCK (¢, AND THE NORTHERLY RIGHT OF NAY LINE
OF Ilth. STREET (A~ PLATTED), JACK~ON STREET (AS POSTED), BEING
MORE PARTICULARLY DESCRIBED A5 FOLLOINS;
COMMENCING AT A CAPPED 4" IRON PIPE LABELED A5 A PRM ON 5AID
AMENDED PLAT OF OCEAN BREEZE HEIGHTS, 5AID POINT ALSO BEING
THE MOST NORTHERLY POINT ON 5AID LOT I, BLOCK I, RUN 546"20'
5q"lN~ ALONG THE NORTHiLINE OF SAID LOT I, BLOCK I, 15.07 FEET TO
A POINT, THENCE CONTINDE 54(~"20'Sq"P4~ ALONG THE NORTH LINE OF
5AID LOT I, BLOCK I, 6515& FEET TO THE NORTHI/,IEST CORNER OF 5AID
LOT I, E~LOCK I, THENCE 1525'IWO0"E, ALONG THE INEST LINE OF SAID
LOT I, BLOCK I, 55.?6 FEET TO THE NORTHMEST CORNER OF 5AID ALLEY
FOR THE POINT OF BEGINNING~ -
THENCE NGS"ID'~D"E, 20.02~ FEET, THENCE 525'lq~00"E, 50.0'7 FEET
TO THE NORTH RIGHT OF]tHAT LINE OF Ilth, STREET (AS PLATTED),
JACKSON STREET (AS PC~STED), THENCE 565'18'38"N, ALONG THE '
aAID NORTH RIGHT OF NAT LINE OF JACKSON STREET, 20.028 FEET,
TO THE 5OUTHEA5T CORNER OF LOT I, BLOCK 6 OF SAID OCEAN
[SREEZE HEIGHT5 5UBDIVISION~ THENCE N23"lq'00'N, .ALONG THE EAST
LINE OF 5AID LOT I, [~LOCK 6~ 50.07 FEET TO THE POINT OF BEGINNING.
5AID PARCEL OF LAND C(J:)NTAINING 1001.07 5Q. FT., (0.0230 ACRES),
MORE OR LES5,
HOI~STON 4: PRICE~ INC.
I-IOUSTON' ~ PRICE, INC,
Professional Land 5urvsyors
q456 U.5. HighLuay I
5¢basLian, Florida
32qS&
TEL, (561) 366-6r003
PROJ. NO. O0-22qLG
14NI5 5URVET 15 NOT VALID NITNOUT THE
~I¢,NATDRF AND THE ORIGINAL RAISED SEAL OF
31NE FLORIDA LICENSED 5URVETOR AND MAPPER
~MED
5TUAET A. HOUSTON, P,L.5, ~44~.0
5NEET 2 OF 2
:ity of Sebastian
Development Order Application
Permit Application No.
Applicar~t (If not owner, written autl)orization [notarized) from owner is required)
Name:
Address: 7 '7 / / . ~d;~/E..L-~ D ~,~-~ ~, ~ .
/
Phone Number: (~: ( ) ~-~/ - ~ / ~-- F~ ~umber: ( ) -
E-Mail:
Owner (If different from applicant)
Name:
Address:
Phone Number:. ( ) FAX Number:
E-Mail:
Type of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A'I-i'ACHED AND 81/2" BY 11" COPIES OF ANY A'Iq'ACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. ~-
IA. Project's Name (if applicable):
B. Site Information
Lot: /.~Block: / Unit: Subdivision:
Indian River County Parcel ¢:
-~isting Use: '~-~'/D/~TI~ Proposed Use:
C. Description of proposed activity and purpose 'of the requested permit or action (attach extra sheets if
necessary): .,, '--"
IForm CD-200f
Approved: 08127197
I Revision:
FEE"PAID: $' ~i('~ ¢00__
Page f of 3
tDevelopment Appfication
File Name: Doa
ermit Application No.
-D. Project Personnel:
Agent:
Name:
Address
Phone Number: (
E-Mail:
FAXiNumber: ( )
Attorney:
Name:
Address
Phone Number: (
E-Mail:
FAX Nurnber:( )
Engineer:
Name:
Address
Phone Number:. ( )
FAX~Number: ( )
E-Mail:
IForm CD-2001
L ApproVed: 08/27/97
Surveyor:
Name: /o L2 5' '7"~
Address '? ~:/,_~
Phone Number:
E-Mail:
FAXiNurn~ber: (.3'6;(').~E)- ,.~¢:-o ~
I,///'1 AM THE OWNER ~
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA'FI'ER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA /~ND/OR SKETCHES PROVIDED .IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.!
SIG DAT~(
WHO IS PERSONALLY KNOWN ~O ME OR PRODUCED_ ~ G ~¢¢ --~ { 7 ' F ¢'--~ ~ ~' ~
AS IDENTIFICATION, THIS ~ DAY OF ~~ , ~~ (
PRINTED NAME OF NOTARY ~. ~~~ ~] ~ ~
COMMISSION No.J~PIRAT~ON ~ .,,'~., ~rR~DINE~N~SKUDE~
S~L: , ~'"'~ ,' '~ UYCOUUBS10N~CCT~33~ ~
, ~ E~PIRES:~er26,2~2 i ~
............. fA_ ~ ~ Development Application
Revision: File Name: Dca
ermit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
THE excePtions, and appeals.
I/WE, OWNER(S) __ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF T. HE CITY OF SEBASTIAN (THE "BOARD"/i'COMMIS$1ON") TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION..
I/~VE HEREBY WAIVE ANY OBJECTION OR DEFENSE i/WE MAY HAVE, DUE TO THE QUASI-JUDICiAL .NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MF_.JUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY~F SEBASTIAN.
SIGNATURE
Swom to and subscribed before me by ~_~P
who is personally known to me or produced P~-.. L~'~
as identification, this
Notary's Signature
Printed Name of Nota~
Corn; nission No./~piration
Seal:
IForm CD-200'1
Approved: 08/27/97
Revision: Page 3 of 3
IDevelopmen t Application
File Name: Dca'
Permit Application No.
Supplemental Information
Streets, abandonment of
1. Descdbe the street to be
description) ,~/3.4../-/~o/',/~
/Y'~ Z_T ,'~ OF,,= -r t-~ l ~-
vacated (attach a legal
2. Why is this abandonment of a street being request?
j~,~l,'~' ~,~ ~,-,'N,'/-'~ '7'-~ : c
3. Is this street current being used?
If sO, descdbe the use:
4.Attach a map showing the location of'
requested.
[he street that the abandonment is being
LForrn CD-2021
Approved: 8127197
I Revision: Page ~_of ~
tStreet Abandonment
File Name: Sistab
(V !
ABANDONED ROADS
ORDINANCE 85---17
HOMF OF PF. LK~IN ISLAND
City of Sebastian, Florida
Subject: Resolution No. R-01-52,
abandoning a portion of the Indian River
Drive right-of-way.
Exhibits: Resolution No. R-01-52, location map.
Agenda No.
01.178
Department Origin.:, ~Gr, owth
Date Submitted: June 29 2001
For Agenda of.' July 11,2001
EXPENDITUR~
REQUIRED:
None
Management
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
In an effort to effectively "clean up" the right-of-way and create a consistent ROW width along Indian
River Drive, staff has evaluated the ROW widths nmning along this corridor. Apparently when the
roadway was originally platted, there appears to have been an effort to acquire additional ROW in
anticipation of future widening. However, U.S. 1 was constructed sometime thereafter and there was no
longer the need to acquire additional ROW. However, the City was left with a roadway constructed
mainly within a 66' ROW, w/th two sections containing an 80' ROW. The two sections being from
River Oaks Townhouses (just north of Cleveland Street) south to the south City limits, and the other
being lots 1 through 20 of the Indian River Hills Subdivision (Oyster Pointe north to the south property
line of Anglers Obsession).
In considering applications for vacating public rights-of-way, the Planning and Growth Management
Director and all relevant City staff shall review whether any public purpose is served' by the subject
right-of-way. This evaluation shall consider all relevant public purpose options associated with drainage
systems; water service; sanitary sewer services; roadways, pedestrian and/or bicycle ways, and alleys;
public safety, including emergency service access and egress; communication systems; power and/or fuel
networks; or other public or semi-public services essential to the public welfare and safety.
Consideration shall include present and furore needs for the right-of-way for purposes of accommodating
or improving delivery of public services and/or ensuring convenient access for se?viCe-and/or
maintenance or other public benefit now or in the future. In order to affirmatively recommend vacation
of rights-of-way, the Planning and Growth Management Director shall render a finding that no current or
future public purpose can be identified for the subject right of way.
All aforementioned issues were raised in evaluating which, if either, sections were suitable for
abandonment. It was determined that the northern section from Oyster Pointe north to the south line of
Anglers Obsession, has no current or future public purpose. However, the southern section, from River
Oaks Townhouses south to the south City limits, hol~ls inherit value due to the ongoing park expansion
program, which will eventually include additionalI drainage improvements. Therefore, there is a
demonstrated need for the City to maintain the 80' ROw width along the southern section.
Within the northern section as described above, the [indian River Drive sidewalk and other associated
enhancements were constructed within the 66' ROW as if the ROW was continuously 66' in width.
Therefore, even with a reduction in the ROW width from 80' to 66', all improvements will still be within
the prescribed City ROW. Additionally, all utilities and stormwater drainage improvements have been
constructed within the 66' ROW and will not be adversely affected by the reduction.
The City Manager, Public Works Director, City Engineer, and Growth Management Director have
analyzed the ROW along Indian River Drive, and find that there is no current or future public purpose for
the City to continue maintaining the additional 14' of ROW within said northern section. Staff
collectively recommends reducing the ROW from 80' to 66'. Effectively, each property within the
prescribed areas along Indian River Drive will gain a~ additional 7' of property (7' on the east and west
sides = 14' total reduction in ROW).
A total of 19 privately held lots and 1 publicly owned lot, for a cumulative total of 20 lots, are affected
by this proposal.
Prior to rendering a final decision, the City Council Shall consider the report prepared by the Planning
and Growth Management Director. The City Council :shall not approve the vacation of a public fight-of-
way unless the finding is consistent with the following criteria:
No current use of the right-of-way beneficial to the public interest exists;
No projected future use or re-use of the right-of-way beneficial to the public interest
exists;
No adverse impacts on public services caused by the proposed vacation 'nov):}5~"in the
future can be identified; and
No adverse impacts to adjacent properties as well as major areas or land uses currently
benefiting from a public service or System that uses the subject right-of-way can be
identified.
The City Council shall cite specific findings in suppor~ of a final decision to vacate a public right-of-way,
including an absence of public purpose for the subject right-of-way. Similarly the City Council shall
identify specific findings in support of any decision to retain the public right-of-way. Any decision to
vacate a public right-of-way shall be by resolution of the City Council. ' ':" :~ rc a~ cc ~...
RECOMMEND]
Move to adopt Resolution No. R -01-52.
~D ACTION
2
RESOLUTiON NO, R-01-52
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ABANDONING A PORTION OF RIGHT-OF-WAY FOR INDIAN
RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD
WH)TH OF SiXTY-SIX FEET; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, during the construction of the Riverwalk it came to the attention of
staffthat the right-of-way for Indian River Drive does not maintain a consistent width
throughout the jurisdiction of the City; and
WHEREAS~ in two significant areas, one just south of Davis Street and the other
in the area of Riverview Park, the right-of-way measures eighty-feet as compared to the
standard width of sixty-six feet elsewhere in the City; and
WHEREAS, staff analysis suggests that the right-of-way near the Park should be
maintained at the current width due to impending redevelopment of the area and the
likelihood that the drainage system must be retrofitted to meet newer, more stringent state
and federal standards, and
WItEREAS, the City Council finds that northern area is fully developed and the
infrastructure needs of the area are in place and located within the sixty-six feet width of
the adjoining roadways, thus the additional right-of-way is no longer needed for a public
purpose;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons
and releases its interest in that portion of the right-of-way for Indian River Drive
described as the northeasternmost seven feet and the sOuthwestemmost seven feet of the
right-of-way of Indian River Drive as it lies between Lots 1 - 10 and 11 - 20, Indian
River Hills Subdivision, as recorded in Plat Book 04, page 051, Public Records of Indian
River County, Florida, as illustrated by the attached Exhibit "A".
Section 2. CONFLICT. All resOlutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. SEVERABII,ITY. !n the event a court of competem jurisdiction
shall hold or determine that any part of tl~is resolution is invalid, unconstitutional or
results in a taking of private property, the remainder of the resolution shall not be affected
and it shall be presumed that the City CounCil of the City of Sebastian did not intend to
enact such invalid, confiscatory or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted
without said invalid, confiscatory or unconstitutional
remainder to remain in full force and effect.
Section 4.
upon adoption.
the remainder of this resolution
provision, thereby causing said
EFFECTIVE DATE.i Tiffs resolution shall become effective
The foregoing resolution was moved for adoption by Councilmember
The motion i was seconded by Councilmember
and, upon being put tol a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop ~
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majicher, Jr.
The Mayor thereupon declared this OrdinanCe duly passed and adopted this 11th day of
July, 2000.
CITY OF SEBASTIAN, FLORI3DA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian:
Rich Stringer, City Attorney
......... 5 AC
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AUGUST PARK
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map # 02.1~ compiled 02/161~9
b~j the Indian Ri~er Count]/Property Appraiser's Office
page 1-42
MIDI )L '7
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4OO
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City of Sebastian, Florida
~C~ OF TH~ crrY ATTORNEY ~
AGENDA TRANSMITTAL
Agenda No.
Subject: Resolution R-01-55; telecommunications
tax, maximum distribution rate option
01.156
Date Submitted: 7/3/01
For Agenda of: 7/11/01
SUMMARY:
The recent legislative session made further changes to the uniform telecommunications tax
distribution options. Rather than utilizing the state's estimated equalization rate of 3.22% for past
revenues (which, remember, somewhat penalized Sebastian because of lower historic revenues
associated with the utility tax cap), each municipality is provided the option of selecting a
statutory maximum rate of 5.1%. This selection must occur and be transmitted to the state by July
16, 2001.
In lieu of final adoption of Ordinance O-01-14, this would be the preferred method of proceeding
It appears that most local governments are selecting the maximum rate.
RECOMMENDED ACTION:
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG
RESOLUTIO~ NO. R-01-55
A RESOLUTION O]F THE CITY OF SEBASTIAN, FLORIDA, RELATING
TO REQUIRING AND COLLECTIN(] PERMIT FEES FROM PROVIDERS
OF COMMUNiCATIONS SERVICES AND ESTABLISHING THE LOCAL
COMMUNICATIONS SERVICES !TAX RATE; PROVIDING FOR
INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF
REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WltEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter 2001-140
(hereinafter called the "Communications Services Tax Simplification Law"), restructures and
consolidates all taxes imposed upon communicatidns services; and
WHEREAS, the Communications ServicEs Tax Simplification Law allows the City of
Sebastian to elect to adopt either a state-calculated "conversion" rate or a "maximum" rate for
the local communications service tax (CST) to be distributed to City from the State; and
WHEREAS, the Communications Services Tax Simplification Law requires each
municipality to make an election regarding the payment of permit fees by providers of
communications services; and
WHEREAS, a municipality may elect not to require and collect permit fees from any
provider of communications services that uses or occupies municipal roads or rights-of-way for
the provision of communications services. If the municipality elects not to require and collect
permit fees, the total rate for the local (CST)!as computed under Florida Statutes for that
municipality may be increased by resolution by an amount not to exceed a rate of 0.12%; and
WHEREAS, the Department of Revenue must be informed of a municipality's election
by certified mail postmarked on or before July 16, 2001; and
WHEREAS, whatever elections the municipality makes shall take effect on October 1,
2001.
NOW, THEREFORE, BE IT ORDA~D BY THE CITY OF SEBASTIAN,
FLORIDA AS FOLLOWS:
SECTION 1. Election to impose "maximum" rate; FY 2001-2002.' Pursuant to F.S.
202.20 the City of Sebastian hereby elects Utilize the "maximum" rate thereunder and,
accordingly, adopts a 5.3 percent rate as the City!s local CST for the period of October 1, 2001
through September 30, 2002.
SECTION 2. Election to impose "maximum" rate; FY 2002-2003 and beyond,
Pursuant to F.S. 202.20 the City of Sebastian hereby elects utilize the "maximum" rate
thereunder and, accordingly, adopts a 5.1 percent rate as the City's local CST for the period of
October 1, 2001 through September 30, 2002.
SECTION 3. Election Not to Require and Collect Permit Fees. The City of
Sebastian elects not to require and collect permits fees from any provider of communications
services that uses or occupies municipal roads or rights-of-way for the provision of
communications services.
SECTION 4. Election to Increase Local Communications Services Tax. The rates
set forth in Section 1 and 2 above do not include the permit fee add-on allowed by F.S. 337.401,
and, accordingly, the City of Sebastian elects to increase its total rate for the local
communications services tax as established above by an amount of 0.12% in lieu of imposing
permit fees on communication serVice providers desiring to occupy City rights-of-way.
SECTION 5. Aggregate Local Communications Services Tax Rates. In the
aggregate, the initial CST for the City of Sebastian is 5.42 percent, to be effective October 1,
2001 through September 30, 2002. In the aggregate, the annualized CST rate thereafter is 5.22
percent to be effective October 1, 2002 and thereafter, unless changed by action of the City
Council.
SECTION 6. Notice to the Department of Revenue. The City Council of the City of
Sebastian directs the City Clerk that notice of the above elections be provided to the Department
of Revenue by certified mail no later than July 16, 2001, as provided in the Communications
Services Tax Simplification Law.
SECTION 7. Severability. The provisions of this Resolution are declared to be
severable and if any section, sentence, clause or phrase of this Resolution shall,' for any reason,
be held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this Resolution but shall remain in effect,
it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any
part.
SECTION 8. Effective Date. The effective date of this
irmnediately upon its passage by the City Council bfthe City of Sebastian.
The foregoing Resolution was moved for adoption
The motion was seconded by Councitmember
upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
Resolution shall be
by CoUncilmember ·
and,
The Mayor thereupon declared this Resolution duly passed and adopted this 11th day of July,
2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, CMC
Cky Clerk
Rich Stringer, City Attorney
City of Sebastian, Florida
CITY ATTORNEY
Subject: Resolution R-01-56;
adopt preliminary stormwater rate
AGENDA TRANSMITTAL
Agenda No. 01.057
Date Submitted: 7/3/01
For Agenda of: 7/11/01
SUMMARY:
A preliminary rate. of $4 per month is recommended as the preliminary ERU rate for stormwater
utility charges, which will be subject to conversion factors for commercial and vacant land as well
as credits for on-site retention/detemion facilities based upon sound engineering principles. This
amount will then be factored into the values for each tax parcel in the City and included in a
notice of the final rate adoption hearing on September 12th that will go out with the TRiM notices
from the Property Appraiser per state law.
RECOMMENDED ACTION:
Adopt Resolution R-01-56.
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE~~'
RESOLUTIOI~ NO. R-01-56
A RESOLUTION OF TIlE cITY OF SEBASTIAN, FLORIDA,
SETTING A PRELIMINARY STORMWATER UTI]LITY
RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING
FOR NOTICE TO THE~ PROPERTY APPRAISER;
PROVIDING AN EFFECTIVE DATE.
WltEREAS, City Council is considering establishing a stormwater utility to address the
health and safety needs of the citizens of Sebastian; and
WHEREAS, the charges for said services, if adopted, would be collected under the
uniform method for collection of non-ad valorem assessments under state law; and
WHEREAS, under said statutory scheme, the maximum proposed charge and the notice
of hearing for adoption of a final utility rate are included in the notice of proposed taxes
(commonly called the "TRIM" Notice) mailed to leach property owner by the Property Appraiser
of Indian River County; and
WltEREAS, based upon the input Of the City's stormwater consultants, staff
recommends a maximum stormwater utility rate of $4 per month per Equivalent Residemial Unit
(ERU), which shall be adjusted to reach an equiValem fee for vacant and commercial lands, and
further adjusted for
engineering principles,
credits for on-site retent
ion/detention,
all in accordance with sound
NOW, THEREFORE, BE IT RESOL1VED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER cOUNTY, FLORIDA, as follows:
Section 1. ADOPTION OF PRELIMINARY RATE. The City Council hereby
adopts a preliminary maximum fee rate for the proposed Sebastian Stormwater Utility of four
dollars ($4) per month per ERU. Staff is authorized to determine the equivalent charge for all
commercial and vacant parcels within the City,
appropriate credits for on-site retention/detention,
principles.
and further adjust this charge to reflect
all in accordance with sound engineering
Section 2.. SETTING HEARING AND AUTHORIZING TRANSMITTAL. A
public hearing to adopt a final fee rate for stormwater charges for Fiscal Year 2001-2002 is
hereby set for the regular City Council meeting of September 12, 2001, and staff is authorized to
transmit the proposed charges as calculated under the rates adopted under Section 1, as well as
the hearing date, to the Property Appraiser of Indian River County for inclusion on the TRIM
Notice for the current year.
Section 3.
repealed.
All Resolutions or parts of Resolutions in conflict herewith are hereby
Section 4. This Resolution shall become effective immediately upon adoption.
2
The foregoing Resolution was moved for adoption
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as fbllows:
by Councilmember
Mayor Walter Barnes
Vice Mayor Ben Bishop
Councilmember Joe Barczyk ·
Councilmember James Hill
Councilmember Edward Majcher
The Mayor thereupon declared the ResolUtion dully passed and adopted this 1 lth day of
July, 2001. ~
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
(SEnt3
Approved as to form and legality for
reliance by the City of Sebastian only:
Richl Stringer, City Attorney
City of Sebastian, Florida
Subject: Ordinance O-01 - 17;
mulching machine prohibition
AGENDA TRANSMITTAL
Agenda No. 01.179
Date Submitted: 7/3/01
For Agenda of: 7/11/01
SUMMARY:
During adoption of the new Land Development Code, it was the intent of the Council to ban
operation of large-scale free-standing mulching machines within the City limits. This ordinance
shall accomplish that objective.
RECOMMENDED ACTION:
Pass Ordinance O-01-17 on first reading and schedule public hearing for August 8, 2001.
AUTHORIZED PLACEMENT ON AGENDA BY cI'rY MANAG ' .~~'~
ORDINANCE[ NO. O-01-17
i
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH
MACHINES PROHIBITED; PRovIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE IiATE.
WHEREAS, it is the finding of the City Council that commercial-type mulching
machines are a health and safety threat to the Citizens and are not conducive to an urban setting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordirgmces, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered !50-54, which said section shall read as
follows:,'
Sec. 50-54 Certain mulching maehines prohibited.
It shall be unlawful to operate within the City limits any tub
grinder, or any other mulching machine, having a tub or otherwise
exposed chopping area with a diameter in excess of four feet.
Section 2. CONFLICT.
herewith are hereby repealed.
All ordinances or parts of ordinances in conflict
Section 3. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affeCted and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that i the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE.
immediately upon its adoption by the City Council.
This Ordinance shall take effect
The
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop'
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
The Mayor thereupon declared this Ordinance duly. passed and adopted this 8t~ day of
August, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Walter Barnes
Sally A. Maio, CMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian:
Rich Stringer, City Attorney